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(영문) 수원지방법원 2018.10.23 2018구합66129
조합원지위확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant case

A. The Defendant was an association established for a housing redevelopment and rearrangement project in Ansan-si, the Gu 116,66.1 square meters of residential areas, and obtained authorization to establish an association on February 21, 2012, and obtained authorization for a project implementation plan on July 23, 2015.

The plaintiff is a person who owns the land and the ground buildings of the Gu during the period of Ansan-si in the above business area.

B. On September 14, 2015, the Defendant determined the period for application for parcelling-out as from September 15, 2015 to November 7, 2015 (hereinafter referred to as “the first period for application for parcelling-out”); and the Plaintiff filed an application for parcelling-out around November 13, 2015. (c) An alteration of the maintenance plan for the foregoing project on July 31, 2015. Accordingly, the Defendant obtained authorization by changing the project implementation plan on January 15, 2016. The Defendant determined the period for application for parcelling-out as from January 20, 2016 to February 19, 2016 (hereinafter referred to as “the second period for application for parcelling-out”); and submitted a confirmation of the purpose of application for parcelling-out or re-out including an applicant for parcelling-out application for parcelling-out (hereinafter referred to as “the second period for application for parcelling-out”).

E. On February 4, 2016, the Plaintiff notified the Defendant of the purport that “the Plaintiff has withdrawn the application for parcelling-out applied for the first period of application for parcelling-out, the certificate for application for parcelling-out submitted during the second period of application for parcelling-out shall also be withdrawn, and the main period shall be settled in cash.”

F. The Defendant established a management and disposal plan to classify the Plaintiff as the subject of cash liquidation based on the current status of application for the second application for parcelling-out, and obtained authorization on February 27, 2017.

G. On April 9, 2018, the Gyeonggi-do Regional Land Tribunal decided to expropriate the real estate owned by the Plaintiff on May 24, 2018 by determining the commencement date of expropriation as of May 24, 2018, and the Defendant deposited the compensation determined by the above expropriation ruling on May 14, 2018.

[Reasons for Recognition] Facts without dispute, Gap's 3, 6 (including virtual numbers), Eul's 2 to 12 (including virtual numbers), and arguments.

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