(영문) 광주지방법원 2019.02.14 2018구합11746

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(영문) 광주지방법원 2019.02.14 2018구합11746

분양권확인청구

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1. The defendant's housing redevelopment improvement project in Zone B approved by the head of the Dong-gu Gwangju Metropolitan City on July 27, 2018.

Reasons

1. Details of the disposition;

A. The Defendant is a project implementer for the redevelopment of housing in the B-dong-gu Seoul metropolitan area with the size of 126,433.6 square meters as a rearrangement zone.

The Plaintiff is the owner of an unauthorized Building located on the Jeju Dong-gu D ground in the improvement zone for the project (hereinafter “instant building”).

B. On October 24, 2007, the Defendant publicly announced that the owner of an unauthorized building should file an application for membership registration, and on November 30, 2015, the Defendant publicly announced that the tenant and the owner of an unauthorized building in the rearrangement zone should report to the Defendant.

From March 22, 2017 to May 20, 2017, the Defendant publicly announced the period of application for parcelling-out to the period of application for parcelling-out, and thereafter extended the period of application for parcelling-out from May 21, 2017 to May 30, 2017.

C. The Plaintiff filed a report on the owner of an unauthorized building or filed an application for parcelling-out within the above period, and the Defendant established a management and disposal plan to exclude the Plaintiff from the persons eligible for parcelling-out and obtained authorization from the head of the Dong-gu Gwangju Metropolitan City on July 27, 201

(hereinafter) Of the above management and disposition plan, the part excluding the Plaintiff from the person subject to parcelling-out is referred to as the “instant disposition”).

The main contents of the Defendant’s articles of association (hereinafter “instant articles of association”) relating to the instant case are as follows:

Article 7 (Methods of Notifying and Announcing Matters concerning Rights and Obligations) (1) Matters concerning the rights and obligations of members of a cooperative (including changed matters)

hereinafter the same shall apply.

(2) The notification and notification under paragraph (1) shall be made in accordance with the following methods, except as otherwise provided for in this articles of incorporation:

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