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(영문) 서울행정법원 2019.06.21 2018구합85532
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 disposition;

A. The Defendant is a housing redevelopment and rearrangement project partnership that obtained the authorization for establishment on December 1, 2008 in order to implement a housing redevelopment and rearrangement project with the size of 144,964 square meters in Dongdaemun-gu Seoul Metropolitan Government as a rearrangement zone.

B. The Defendant obtained the approval of the project implementation plan from the head of Dongdaemun-gu Seoul Metropolitan Government on March 11, 2010, and obtained the authorization of the project implementation on February 4, 2016.

C. From February 22, 2016 to its members, the Defendant

4. The period has been notified to apply for parcelling-out within the period until 21. The period is the same year;

5. The Plaintiff was extended to November 1, 200, but the Plaintiff did not apply for the parcelling-out within the above period.

The defendant considers that the plaintiff's failure to file an application for parcelling-out within the period for application for parcelling-out is disqualified as an association member from the date following the expiration date of the period for application for parcelling-out, and received a management and disposal plan from the head of Dongdaemun-gu Seoul Metropolitan Government by making

(hereinafter “instant management and disposition plan”). [Grounds for recognition] A] without dispute, Gap 1 through 5, Eul 4, and the purport of the entire pleadings

2. The plaintiff's assertion was not notified of the application for parcelling-out from the defendant, so even if it was not possible to apply for parcelling-out within the period of application for parcelling-out, the defendant

3. Attached statements to the relevant Acts and subordinate statutes;

4. 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; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that a project implementer shall notify landowners of a summary of charges, period for application for parcelling-out, and other matters prescribed by Presidential Decree within 60 days from the date a project implementation authorization is publicly notified (where a contractor is selected after authorization for a project implementation, the date a contract is concluded with the contractor), and matters prescribed by Presidential Decree, such as the details of sites or structures subject to parcelling-out.

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