208Guhap30588 Disposition of revocation of revocation of parcelling-out

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A. The fourth district Housing Redevelopment and Improvement Project Association

November 12, 2008

December 3, 2008

1. The part of the management and disposal plan approved by the head of Seodaemun-gu Seoul Metropolitan Government on June 26, 2008 that the Defendant determined the Plaintiff as the subject of cash settlement shall be revoked.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Do Government Act"), the Defendant is a housing redevelopment improvement project association with the approval of establishment on June 22, 2007 by the head of Seodaemun-gu Seoul Metropolitan Government for the purpose of implementing the housing redevelopment improvement project (hereinafter referred to as the "redevelopment project of this case") with the area of project district of 155 to 283, 260 square meters in Nam-dong, Seodaemun-gu, Seoul Metropolitan Government under the Seodaemun-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Do Government Act"). The Plaintiff owns the - X large 89m square meters in the project implementation district of this case (hereinafter referred to as the "land of this case").

B. On September 4, 2007, the Defendant obtained the authorization from the head of Seodaemun-gu Seoul Metropolitan Government to implement the redevelopment project of this case under Article 2007-95 of the Seodaemun-gu Seoul Metropolitan Government notification, and the application period for parcelling-out was set from September 6, 2007 to October 6, 2007, but the Plaintiff did not apply for parcelling-out within the said period.

C. The defendant excluded the plaintiff from the divided recipients on the ground that the plaintiff did not file an application for parcelling-out within the period for filing an application for parcelling-out and decided by the general meeting of the association members after establishing a management and disposal system including the contents designated as the object for cash liquidation. On June 26, 2008, the defendant obtained authorization of the above management and disposal plan from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as "the management and disposal plan of this case") on the ground that the plaintiff did not file an application for parcelling-out within the period for filing an application for parcelling-out, and as mentioned above, determined the plaintiff as the object for cash liquidation.

【Unsatched Facts, Gap’s evidence 1 through 3-1, Eul’s evidence 1, 3, 6, 10, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Party’s assertion

(1) The plaintiff's assertion

The defendant neglected to notify the land owner, etc. of the period for application for parcelling-out under Article 46 (1) of the Do Government Act and Article 47 (1) of the Enforcement Decree of the Do Government Act, and failed to make an effort to identify the plaintiff's domicile through a resident registration abstract, etc., and as a result, the plaintiff was notified of only his domicile, etc. on the registry, etc., and as a result, the plaintiff lost an opportunity to apply for parcelling-out within the period for parcelling-out, so the part of the disposition of this case

(2) The defendant's assertion

In accordance with Article 46 of the Do administration Act, Article 47 of the Enforcement Decree of the Do administration Act, and Article 7 (2) 1 of the defendant's articles of incorporation, the defendant notified the plaintiff to apply for parcelling-out under Article 46 of the Do administration Act, and Article 7 (3) of the defendant's articles of incorporation. Article 10 (3) of the defendant's articles of incorporation stipulates that if a union member's address is changed, the change should be reported to the union, but the plaintiff moved to a place different from the address on the register,

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

(c) Facts of recognition;

(1) After purchasing the instant land on December 29, 1983 and completing the registration of ownership transfer, the Plaintiff died on February 14, 2001. On August 6, 2001, the Plaintiff filed a move-in report with the head of XX Eup/ 10-1 on the ground of inheritance due to consultation and division on the said land. On October 30, 200, the Plaintiff entered into a move-in report with the head of Qui 10-1.

(2) On the other hand, on December 16, 1992, the network A built on the ground of this case by the head of Seodaemun-gu Seoul Metropolitan Government on the ground of this case: The network obtained a building permit (192 - a new building permit - 965) with the content of constructing "(3 households) of a multi-family housing unit (192 - a building)" on the ground of the first underground floor, second floor, total floor area, 149 square meters, and usage: The building still remains in a state of non-registration (hereinafter referred to as "the building of this case").

(3) On September 7, 2007, the Defendant sent the notice of application for parcelling-out to the Plaintiff by registered mail to the address on the above registry in order to notify the period of application for parcelling-out, but when the director was unknown on September 8, 2007, the Defendant sent the notice of application for parcelling-out to the above address on September 12, 2007. On September 7, 2007, the Defendant sent the notice of application for parcelling-out to the above address again. On September 7, 2007, on September 7, 2007, the Defendant sent the notice of application for parcelling-gu Seoul, Seodaemun-gu, Seoul, 280-6.

(4) On September 5, 2007, the defendant set the period of application for parcelling-out in the world newsletter from September 6, 2007 to October 6, 2007, and publicly announced an application for parcelling-out to the members including the contents that the person who did not apply for parcelling-out within the period of application for parcelling-out will be liquidated in cash in accordance with Article 47 of the Do Administration Act.

(5) However, the plaintiff did not apply for parcelling-out until the expiration of the period of application for parcelling-out as notified by the defendant, and accordingly, the plaintiff is the owner of the land in this case, and the deceased A is designated as the owner of this case as the object of cash settlement.

(6) The main parts of the Defendant’s articles of incorporation relating to this case are as follows.

Article 7 (Methods of Notifying and Notifying Matters concerning Rights and Duties)

(1) A cooperative shall have its members and interested persons with respect to the rights and obligations of its members (including changed matters; hereinafter the same shall apply).

It shall be faithfully notified and publicly notified.

(2) The method of notification and public notification under paragraph (1) shall be as follows, except as otherwise provided for in the articles of incorporation:

1. Members concerned shall notify each of them individually by registered mail, and the registered mail is unknown, and it shall be reflected for reasons such as non-receiving of the address;

shall be sent in addition only once by regular mail, if transmitted.

2. A public announcement of at least 14 days on the bulletin board of a certain place where its members may easily access (hereinafter referred to as " bulletin board");

Relevant documents, drawings, etc. shall be kept in the partnership office for at least three months from the date of posting on the bulletin, and the members may read

section 32.

4. It shall be deemed that the registered mail under subparagraph 1 is sent, and notification and public notice is made from the date of public notice on the bulletin board under subparagraph 2.

Article 9 (Qualifications, etc. for Members)

(1) Members of a cooperative shall be limited to owners of land or buildings within a project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

(c) be the same;

Article 10 (Rights and Duties of Members)

(3) Where a member transfers his/her right or changes his/her address or seal imprint, the transferee or the changed party.

The details of the modification shall be reported to the Cooperative within 14 days from the end of the act. In this case, no report shall be made.

No member may raise an objection to the union against any disadvantage, etc. incurred by such member.

Article 44 (Notice and Public Notice, etc. of Sale)

A cooperative shall notify the owners of land, etc. of the following matters within 21 days from the date of public announcement of authorization for project implementation and publicly announce the following matters in a daily newspaper (2 or 1) or more published in the relevant area. In such cases, matters referred to in subparagraph 9 shall not be notified, and matters referred to in subparagraphs 3 and 6 shall not be publicly announced:

4. Period and place for application for parcelling-out;

Article 45 (Application for Parcelling-out, etc.)

(1) The period for application for parcelling-out under subparagraph 4 of Article 4 shall be between 30 and 60 days from the date of notification of the application for parcelling-out: Provided, That an association

(2) An association member who intends to purchase a parcel of land or structure shall specify the details of ownership in the application for parcel out, and shall specify the land owned by him/her.

A certified copy of the register of land and buildings and other evidentiary documents proving his/her rights shall be submitted to the Association.

(4) Where a member of the Cooperative falls under any of the following subparagraphs, the Cooperative shall re-building within 150 days from the date of falling thereunder:

shall be liquidated in cash for other rights. The amount shall be at least two appraisal business entities recommended by the head of a Si/Gun.

The arithmetic mean of these values shall be calculated.

1. An applicant for parcelling-out;

Article 46 (Standards for Management and Disposal Plans)

A management and disposal plan for the property owned by members shall be formulated before the removal of the building after the application for parcelling-out and the construction cost are finalized, and shall be established in accordance with the following standards and approved by the head of the Si/Gun

【Unsatisfyed Facts, Gap evidence 3-1 to 7-3, Gap evidence 9, and Gap

Notes 11, 12 evidence, Eul evidence 1, 2, Eul evidence 4-1, 2, Eul evidence 6 through 8, each of the statements, pleadings

The purport of the whole

D. Determination

(1) Article 46 (1) of the Do administration Act provides that "the project implementer shall notify the owner of the land, etc. of the outlined charges, the period for application for parcelling-out, and other matters prescribed by the Presidential Decree within 21 days from the date of the public announcement of the authorization for project implementation. The notice here becomes effective when the owner of the land, etc. arrives at the time of entry into the control of the land, etc., i.e., when the owner of the land, etc., the articles of incorporation of the defendant association provides that the members of the association shall bear disadvantages arising from the failure to report the change of address. However, the notice of the guidance of application for parcelling-out to the owner of the land, etc. should not be omitted to decide whether to grant the right of parcelling-out to the owner of the land, etc. in the instant project under compulsory progress regardless of the wishes of the owner of the land, etc., so that the owner of the land, etc. did not report the change of address, and thus, the association members of the housing redevelopment project association shall exercise its rights in good faith.

(2) Therefore, as seen earlier, at the time the Defendant sent a notice of application for parcelling-out to the Plaintiff, the Plaintiff was in the state of directors at the present address on the registry of the instant land. With regard to the instant building, the Plaintiff was unable to receive the above information of application for parcelling-out only to the pre-sale address of the network A. Accordingly, the Plaintiff was excluded from the subject of parcelling-out due to the reason that the Plaintiff did not apply for parcelling-out during the above period, and was designated as the subject of cash liquidation. However, even if the Plaintiff sent the rent-out notice to the Plaintiff by registered mail to the address on the registry of the instant land, the Defendant did not request the head of the Gu/Dong, etc. having jurisdiction over the Plaintiff’s domicile to identify the Plaintiff’s address or issue an abstract of the Plaintiff’s resident registration card to the head of the Dong, etc. under Article 43 of the Enforcement Decree of the former Enforcement Decree of the Resident Registration Act, and the Defendant did not make an effort to grasp the Plaintiff’s address at the present address of the Plaintiff as well as the Plaintiff’s land owner’s report.

(3) Therefore, the Plaintiff’s assertion is reasonable, and the Defendant’s disposition of this case is unlawful, so the disposition of this case must be revoked.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

The presiding judge shall transfer the number of judges

Judges’ Losses

Judge Lee Yong-soo

Related Acts and subordinate statutes

◆ 도시 및 주거환경정비법

Article 46 (Public Notice of Sale in Lots and Application for Sale in Lots)

(1) The project implementer shall make a public announcement of an authorization for project implementation under Article 28 (4).

the Corporation shall select a contractor under Article 11 and enter into a contract therefor) within 21 days from the date on which the contract is made;

Details, period of application for parcelling-out and other matters prescribed by Presidential Decree shall be notified to the owners of lands, etc.

the details of a site or building and other matters prescribed by Presidential Decree are published in a daily newspaper published in the relevant area.

The period for application for parcelling-out shall be not less than 30 days but not more than 60 days from the date of notification of the application for parcelling-out.

only, the project implementer is deemed not to impede the formulation of a management and disposal plan under Article 48 (1).

The period for application for parcelling-out may be extended within the extent of 20 days.

(2) The owners of land, etc. who intend to parcel out a site or structure shall file an application period for parcelling-out under paragraph (1).

Under the methods and procedures prescribed by the Presidential Decree, the application for parcelling-out to the project implementer

section 23(3).

Article 47 (Measures for Persons Failing to File Application for Parcelling-out)

Where the owners of lands, etc. fall under any of the following subparagraphs, the project implementer shall make a settlement in cash for land, buildings or other rights within 150 days from the date of such conformity in accordance with the procedures prescribed by Presidential Decree:

1. An applicant for parcelling-out;

Article 48 (Authorization, etc. for Management and Disposal Plans)

(1) A project implementer (excluding a residential environment improvement project) shall complete the period for application for parcelling-out under Article 46.

The status of the application for parcelling-out under Article 46 before demolishing an existing building under this Act.

Based on yellow dust, a management and disposal plan including the following matters shall be established and approved by the head of the Si/Gun;

The same shall also apply to the modification, suspension, or abolition of a management and disposal plan: Provided, That the light prescribed by Presidential Decree shall also apply.

When intending to modify any insignificant matter, it shall be reported to the head of the Si/Gun.

1. Design for sale;

2. Address and name of a purchaser;

3. Estimated amounts of the sites or structures scheduled for parcelling-out by person subject to parcelling-out;

4. Details of the previous land or buildings by person subject to parcelling-out and the date of public announcement of authorization to implement the project;

Price

5. Estimated amounts of the rearrangement project costs, and the sharing size and sharing period for the partnership members following thereto;

6. Details of rights, other than ownership in the previous land or buildings, of a person subject to sale.

7. Other matters prescribed by Presidential Decree for the rights, etc. relating to rearrangement projects.

◆ 도시 및 주거환경정비법 시행령

Article 47 (Procedures, etc. for Application for Parcelling-out)

(1) A project implementer shall, under Article 46 (1) of the Act, file an application for authorization for project implementation under Article 28 (3) of the Act.

The following matters shall be notified to the owners of lands, etc. within 21 days from the date of the city:

shall be publicly announced in a daily newspaper. In such cases, matters referred to in subparagraph 9 shall not be notified, and subparagraphs 3 and 6 shall not be notified.

shall not be publicly announced.

1. Details of authorization for project implementation;

2. The type and name of the rearrangement project and the location and area of the rearrangement zone;

3. An application for parcelling-out;

4. Period and place for application for parcelling-out;

5. Details of the sites or structures subject to parcelling-out.

6. Outline of charges;

7. Qualifications for application for parcelling-out;

8. Application method for parcelling-out;

9. Method of reporting rights by right holders other than the owners of lands;

10. Measures for those who fail to apply for parcelling-out;

11. Other matters prescribed by Provincial Ordinance of the City/Do.

(2) A person who intends to apply for parcelling-out under Article 46 (2) of the Act shall apply for parcelling-out under paragraph (1) 3.

In the form of an order, the details of ownership shall be specified, and a certified copy of the register of land and buildings owned or a certificate of land substitution;

The project implementer shall submit an application for parcelling-out by mail, along with an official seal. In such cases, when applying for parcelling-out by mail

(3) In the case of an urban environment rearrangement project, the owners of lands, etc. shall make the previous lands or structures provided for the rearrangement project by the owners of lands, etc.

Part of the expenses necessary for the implementation of the project, such as construction expenses, other than those eligible for purchase, shall be borne.

When intending to parcel out the application for parcelling-out under paragraph (2), the intention thereof shall be clearly made when applying for parcelling-out, and such intention shall be made.

(1) The implementation of the project in an amount equivalent to 10 percent of the estimated appraised value of the land or buildings previously owned by the Corporation;

The amount shall be paid to each person. In this case, such amount shall be paid but determined in accordance with subparagraph 4 of Article 50.

A person who fails to pay the expenses at a specified time shall be equivalent to the proportion of the amount paid.

Only land and buildings may be sold in units.

◆ 주민등록법

Article 29 (Inspection or Issuance of Copy or Abstract)

(1) Any person who intends to inspect or obtain a certified copy or abstract of a resident registration record card shall do so.

The head of a Si/Gun/Gu (including the head of a non-autonomous Gu) or Eup/Myeon/Dong or business trip with the payment of fees and the head of a Si/Gun/Gu.

An application may be filed with the director (hereinafter referred to as the "head of the issuing agency of perusal or copy").

(2) An application for inspection or issuance of a certified copy or abstract of a resident registration record card under paragraph (1) may be filed by the principal or by a member of the household: Provided, That this shall not apply

In cases where a person or a member of the household has been delegated or falls under any of the following subparagraphs, the same shall not apply:

6. Where a person who has a legitimate interest, such as a claim and a liability relationship files an application;

7. Where it is necessary for the public interest.

(4) Cases falling under paragraph (2) 6 or 7 shall apply only to persons prescribed by Presidential Decree, and cases falling under paragraph (2) 6 shall apply only to such persons.

Notwithstanding the proviso to paragraph (2), only the abstract of the resident registration record card shall be inspected by a person who conducts such inspection.

(1) may be granted or granted.

◆ 주민등록법 시행령

Article 47 (Inspection or Issuance of Copy or Abstract of Resident Registration Record Cards)

(3) The scope of persons who have a legitimate interest, such as bonds and debts under Article 29 (2) 6 of the Act, shall be as specified in attached Table 2.

"Other cases necessary for the public interest" in Article 29 (2) 7 of the Act and "if any other case is required for the public interest, any of the following cases:

(2) means the case in which the

1. Special cases for the performance of a public purpose project affecting the principal or his/her household members;

if it is deemed necessary,

3. Where it is evident that the services provided to persons other than the principal and members of the household are beneficial to the principal or members of the household;

The Minister of the Interior and Safety recognizes after deliberation by the Deliberation Committee on Computer Data Provision

In the case

[Attachment 2] Scope of persons who have a legitimate interest, such as claims and obligations (related to Article 47(3))

2. Persons related to the establishment, modification, or extinction of real estate or rights related thereto. Finally,