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(영문) 서울고등법원 2019.08.13 2018누67062
주택재개발조합원지위확인 청구의 소
Text

1. The part against the plaintiff A in the judgment of the first instance shall be revoked.

Plaintiff

A confirms that he is the defendant's member.

2...

Reasons

1. The facts under the basis of facts are either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 10, and Eul evidence Nos. 1, 3, and 7 (including serial numbers; hereinafter the same shall apply).

[1] The Defendant is a partnership project implementer that obtained authorization for establishment on January 31, 201 and completed the registration of incorporation on February 9, 201, for the purpose of implementing a housing redevelopment project on the aggregate of 5,956 square meters of land size of D and 266.

(hereinafter the above 266 parcel is referred to as the “project implementation district of this case.” The Defendant’s articles of incorporation stipulate the qualifications of association members as follows.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or the persons with superficies thereof.

(2) The rights of ownership, superficies, etc. under paragraph (1) mean rights prescribed by the Civil Act.

However, if a building is an unauthorized building, the owner of the unauthorized building shall be recognized as its members only when it proves that the building is owned by the existing unauthorized building (unauthorized building constructed before January 24, 1989) prescribed by the Gyeonggi-do Ordinance on the Improvement of Urban and Residential Environments (hereinafter referred to as the “ Gyeonggi-do Ordinance”).

(3) The standards for qualifications for existing unauthorized buildings and evidential documents for the recognition and verification thereof under paragraph (2) shall be limited to the following cases:

1. The issue of whether an existing unauthorized permit was confirmed by aerial photography on the side of the port, and only to the following cases: (a) the owner of an unauthorized building before January 24, 1989, who had been verified by aerial aerial photography on the surface of the port; and (b) the evidential documents of the right, are:

Receipt for property tax imposed on an unauthorized building (Provided, That the certificate of property tax shall be limited to that issued before January 24, 1989);

(b) A certified copy or abstract of the resident registration which can certify the transfer on the previous resident registration card on January 24, 1989; and

(c) Charges for the occupation and use of unauthorized buildings on the State and public land;

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