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(영문) 광주지방법원 2018.04.19 2017구합13462
조합원지위확인청구의소
Text

1. It is confirmed that the plaintiff is a member of the defendant who has the right to sell.

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

Reasons

1. Facts of recognition;

A. The Defendant was authorized to implement the redevelopment and rearrangement project (hereinafter “instant rearrangement project”) established on April 21, 2009 with the aim of implementing the B-house redevelopment and rearrangement project (hereinafter “instant rearrangement project”) using the area of the project of the Seoul Northern-gu Seoul Northern-gu 36,458 square meters as the project district, and obtained authorization from the head of the Seoul Metropolitan City North-gu office on October 5, 2016.

B. The Plaintiff is the owner of Gwangju Northern-gu D 172 square meters in the said project implementation district, and of 20 square meters and 172 square meters on the ground, cement and bridges, single-story housing, 20 square meters, cement brick structure slives slives slives, and cement slives slives slives 3 square meters and 7 square meters (hereinafter

C. The Defendant set the period for filing applications for the instant improvement project from December 5, 2016 to January 16, 2017, and extended the period from January 17, 2017 to January 25, 2017.

The defendant did not notify the plaintiff of the summary of the charges and the period for application for parcelling-out within 60 days from the date of public announcement of project implementation authorization for the project of this case, and the plaintiff failed to apply for parcelling-out.

E. The Defendant excluded the Plaintiff from the object of parcelling-out of the instant improvement project on the ground that the Plaintiff did not apply for parcelling-out.

[Reasons for Recognition] The assertion of confession, the purport of the whole argument

2. Article 46(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) provides that “A project implementer shall notify the owner of a plot of land, etc. of the outlined charges, the period for application for parcelling-out, and other matters prescribed by Presidential Decree within 60 days from the date of public announcement of authorization for project implementation.” Article 47(1) of the same Act provides that “A project implementer shall liquidate a person who fails to apply for parcelling-out in cash in accordance with procedures prescribed by Presidential Decree within 90 days from the date following the date of authorization for a management and disposal plan.

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