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(영문) 부산지방법원 2015.07.16 2015구합20344
조합원 분양자 지위 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant was established for the purpose of implementing the housing redevelopment improvement project (hereinafter “instant rearrangement project”) in Nam-gu, Busan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Zone”), and was authorized by the head of Nam-gu Busan Metropolitan City (hereinafter “the head of Nam-gu”) on November 16, 2005. The Plaintiff is the Defendant’s member who owns 79m2 of the Busan Metropolitan City F. 79m2 (hereinafter “instant real estate”).

B. On August 16, 2007, the Defendant established a project implementation plan for the housing redevelopment improvement project on the rearrangement zone of this case, and obtained the approval of the project implementation plan from the head of the Nam-gu Busan Metropolitan Government on August 22, 2007, and the above project implementation plan was publicly announced as Seoul on August 22, 2007, and the Defendant obtained the approval of the management and disposal plan from the head of the South-gu Gu on May 10, 2010

C. Since then, the Defendant obtained approval from the South-gu head of the Gu for the change of the project implementation plan on October 19, 2012 due to the change of design, etc., and established a management and disposal plan after the procedure for public announcement of sale and application for parcelling-out in accordance with the changed project implementation plan, and approved the revised management and disposal plan by the remaining head of the Gu on April 4, 2013. The revised management and disposal plan was announced as G publicly announced on April 10, 2013.

Meanwhile, while the Defendant is running the instant project, the details of changes in the Plaintiff’s address on the Plaintiff’s resident registration are as follows. The Defendant sent the Plaintiff a notice of application for parcelling-out to the Plaintiff, not only the Defendant’s address on the registry of the instant real estate, but also the actual place of residence, but also the Plaintiff failed to receive it.

On December 29, 2003, the address of the date of transfer, i.e., Geum-gu, Busan, U.S. J Apartment-gu, Busan on January 13, 2005.

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