208Guhap5834 Verification of Members' Status

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A Housing Redevelopment Project Association

May 9, 2008

May 23, 2008

1. Ascertainment that the plaintiffs are the sole partners of each defendant's association.

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. The Seoul Dongdaemun-gu Seoul Metropolitan Government - The one-day district was designated and publicly announced as A Housing Redevelopment District, and the Defendant Union was a business operator who implements the housing redevelopment improvement project in the housing redevelopment district after obtaining authorization for the establishment of the Housing Redevelopment and Improvement of Urban Areas and Dwelling Conditions for Residents on February 2, 2007.

B. The plaintiffs are the 1st floor underground and the 2nd floor above the cement machine and ground roof (the 145th floor area, 00 m. 145 m. hereinafter the "the 2nd floor") of the above site "the ground brick m. of this case" located within the above housing redevelopment district.

As a co-owner of the building, all of the co-owners are residing on the floor of the building of this case.

C. The Defendant Union did not recognize all the Plaintiffs who reside on the branch floor of the instant building on the ground that the branch floor of the instant building was a shelter other than a house in the public account book as a sole partner of the Defendant Union.

【No dispute over the ground for recognition】 Entry of Gap evidence No. 5

2. Whether the disposition is lawful;

A. The plaintiffs' assertion

Although the branch floor of the building of this case is a shelter other than a house, its purpose on the public register is not a house.

However, all of the households of the instant building residing by the Plaintiffs have a structure that allows them to carry on their own residential life from the time of the construction of the instant building, and in fact, they have been used as a house continuously. Therefore, the Plaintiffs, the owners of each household of the instant building, who are the owners of each household of the instant branch, are the sole partners of the respective Defendant association.

(b) Relevant statutes;

The provisions of the attached Table shall be as specified in the statutes.

(c) Facts of recognition;

1) The instant building is internally divided into one part and two parts, and four households exist separately for each floor, including the strato, and the said households are located separately. Each of the above households is composed of one room, one room, two or three room, one toilet, and one toilet, and the stairs are jointly used.

2) After the building was newly constructed as a detached house on July 1982 and the registration of ownership preservation has been completed, it was sold or donated to each household at that time, and the buyer, etc. received a registration of ownership transfer for each share of the building site and building corresponding to the household, and thereafter transferred to each household thereafter, the registration of share transfer was made in order with respect to each share of the building site and building as a result of the transfer by each household. However, the owner of four households on the fourth floor of the building in this case, who was located in the branch of the building in this case due to the relation in which the branch of the building in this case was made as a shelter, not a house for the purpose registered in the public register, was unable to obtain the registration of share transfer properly.

3) At present, Plaintiff 1 is the owner under 105 of the ground floor of the instant building, with respect to 7/327 shares of the instant building site; 1/6 shares of subparagraph 2 of the instant building; Plaintiff 2 is the owner under 102 of the ground floor of the instant building; Plaintiff 3 is the owner under 101 of the ground floor of the instant building; and Plaintiff 3 is the owner under 1/6 shares of subparagraph 1 of the instant building; Plaintiff 4 is the owner under 103 of the ground floor of the instant building; and Plaintiff 1 is the owner under 1/6 shares of subparagraph 1/6 shares of the instant building.

4) Urban gas charges, water supply charges, electricity charges, etc. for the instant building, property taxes, urban planning taxes, local education taxes, etc. are imposed separately by each household.

【Ground for Recognition】 Each entry or film of evidence Nos. 1 through 3-1, 2, 4, 6-1 through 56, 7, 8-1 through 7, 9-1, 2, 10-1 through 4, 11-1 through 21, and 11-1 through 21, and the purport of the whole pleadings

(d) Determination:

1) In full view of the provisions of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the Seoul Metropolitan Government Ordinance on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Ordinance”), in order to become a partner of the defendant association, the land or building in the rearrangement zone shall be the owner, and if the ownership of the land, etc. belongs to several co-owners, the number shall be regarded as one member. If there are several persons, in principle, several applicants for parcelling-out shall be regarded as one unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit

2) The following circumstances are as to this case: ① The building of this case is newly constructed around July 1982, which is a multi-household house (excluding underground floors, and the total floor area used for one house is not more than 60m2, excluding underground floors, and it does not fall under multi-unit housing) under the same purpose as that of the multi-household house in terms of its structure and actual use status, etc.; ② The building of this case is newly constructed and sold to each household and donated to the owner of the building of this case, and thereafter, the ownership transfer registration for each house of this case is completed for each house of this case, and ③ the building of this case is not for multi-unit house of this case, but for multi-unit house of this case, which has been actually used for each house of this case, with the purpose of improving the ownership ownership registration for the house of this case. ④ The plaintiffs are not for multi-unit house of this case, but for multi-unit house of this case, which has been actually used for each house of this case.

4) Furthermore, as seen earlier, insofar as the Defendant Union denies the eligibility of each of the Plaintiffs’ independent partners, the Plaintiffs may have the interest in a lawsuit against the Defendant Union seeking confirmation of the status of the sole partner by removing the risks and apprehensions existing in their rights or legal status.

3. Conclusion

Therefore, the plaintiffs' claims of this case are with merit, and it is decided as per Disposition by admitting them.

Judges Lee Dong-gu

Judge Lee Jin-soo

Judges Jeong Jong-do

Related Acts and subordinate statutes

[Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents]

Article 19 (Qualifications, etc. for Members)

(1) Members of a rearrangement project (excluding a rearrangement project implemented by the head of a Si/Gun or the Korea Housing Corporation, etc.) shall be owners of land, etc.

In the case of a multi-family reconstruction project, it shall be limited to those who consent to a housing reconstruction project, and the ownership of land or structures.

If the right and superficies belong to two or more persons, one member representing such persons shall be deemed to be the one member.

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.

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

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

If a person intends to modify a minor matter, he/she shall report it to the head of the Si/Gun.

2. Address and name of a purchaser;

(7) Matters necessary for the details of the management and disposal plan under paragraph (1) and the standards, etc. for the methods of management and disposal shall be substituted.

Colonel shall be prescribed by Ordinance.

[Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas]

Article 52 (Standards, etc. for Management and Disposal)

(1) In cases of housing redevelopment projects and urban environment rearrangement projects, management and disposal under Article 48 (7) of the Act shall be as follows:

The methods and criteria of each subparagraph shall be followed.

3. It shall be sold to the owners of land, etc. (excluding persons with superficies; hereafter the same shall apply in this paragraph) in the rearrangement zone: Provided, That the land shall be sold;

In selling Dong housing, the amount prescribed by City/Do Ordinance shall meet the criteria for the time of acquisition or type of acquisition of the scale;

Owners of land, etc. not subject to sale may be excluded from objects of sale, as prescribed by City/Do Ordinance.

[Municipal Ordinance on the Improvement of Urban and Residential Environments]

Article 24 (Those, etc. Eligible for Sale of Housing Redevelopment Projects)

(1) Persons eligible for parcelling-out of multi-family housing constructed for a housing redevelopment project under Article 52 (1) 3 of the Decree shall be government officials.

Owners of land, etc. who fall under any of the following as of the base date of the Ri disposal plan shall be classified as follows:

1. Houses among the previous buildings (including the existing unauthorized buildings and the buildings actually used for residence);

person who owns it;

(2) In any of the following cases, several applicants for parcelling-out shall be deemed eligible for parcelling-out:

3. Where two or more persons own one house or parcel of land: Provided, That prior to December 30, 2003,

A person whose share area of land owned by a co-ownership is above the size under the provisions of subparagraph 1 of Article 25 of the Building Bylaws.

this provision shall not apply.

The Addenda thereto.

Article 7 (Transitional Measures concerning Criteria for Selling Multi-Family Houses in Lots)

Notwithstanding the provisions of Article 24 (2) 3, the multi-family house (including the house of de facto multi-household which obtained a building permit before the introduction of the multi-family house system by detached house and completed the registration of equity or division before April 21, 1990) having completed the registration of equity or sectional ownership by household on or before January 15, 197 shall be eligible for parcelling-out, one person for each of each household per one household per which has obtained the building permit by multi-family house, notwithstanding the provisions of Article 24 (2) 3.