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(영문) 수원지방법원 2017.11.21 2017구합65747
조합원지위확인 등 청구의 소
Text

1. The Plaintiffs are subject to cash settlement in the management and disposal plan approved by the Defendant on March 23, 2017.

Reasons

1. Details of the disposition;

A. Business outline 1) Business contents: Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(B) the Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Project”)

2) Business area: The date on which authorization to establish the Defendant’s association is granted: 171,652 square meters in Suwon-si, Suwon-si: January 4, 2010: December 11, 2015.

(1) Plaintiff A: From among multi-household housing on the fourth floor E in Suwon-si, Suwon-si, the instant project area, Plaintiff A: (a) No. 204 (including a registration for ownership transfer on August 20, 2007; hereinafter referred to as “A house”).

2) Plaintiff B: From among the multi-household housing on the fourth floor above the land in Suwon-si, Suwon-si, and the fourth floor located in the instant business area (hereinafter “B-house”) No. 102 (No. 4, 2015), Plaintiff B:

(c) Notice of application for parcelling-out: Notice of extension of the period of application for parcelling-out on February 19, 2016: Notice of extension of the period of application for parcelling-out: Notice of extension of the period of application for parcelling-out on April 4, 2016 by registered mail to the plaintiffs, etc. who were returned: Notification by ordinary mail on April 8, 2016.

D. 1) The Plaintiffs did not apply for parcelling-out by the period for application for parcelling-out as extended. 2) The Defendant formulated a management and disposal plan to determine the Plaintiffs as cash clearing partners (hereinafter “instant management and disposal plan”) and received a management and disposal plan from the Suwon Market on March 23, 2017 [based grounds] from the head of the Suwon Market on March 23, 2017, and there is no dispute, and the entries in Gap’s Nos. 1, 9, 12, Eul’s No. 1, 3, 4, 6, 7, 8, and the purport

2. The parties' assertion

A. Since the Defendant deprived the Plaintiffs of the opportunity to apply for parcelling-out since it did not notify the Plaintiffs of the application for parcelling-out, the part of the instant management and disposal plan which determined the Plaintiffs as cash liquidation shall be revoked in its entirety.

B. Article 10 of the Defendant’s articles of incorporation of the Defendant must report to the Defendant within 14 days when a member transferred his/her right or changed his/her address, etc.

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