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(영문) 서울행정법원 2016.06.10 2015구합9797
조합원지위확인
Text

1. Ascertainment that the Plaintiff is the sole partner of the Defendant.

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

Reasons

1. Basic facts

A. The defendant is a housing redevelopment and consolidation project association established to implement the housing redevelopment and rearrangement project with the Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government one project implementation district.

B. On November 1, 1980, Seoul Mapo-gu, the Defendant’s business area, newly built a new cooperative house capable of carrying on an independent residential life for each household in structural function (hereinafter “instant house”).

The instant house was constructed on two roads above the slopes, and as long as the building (or the building) and the building (or the Ha Dong) are in contact with each other.

C. On December 9, 1980, the instant house was divided into four-lanes, and was registered in the building ledger (to be two households using the basement floor and the first floor together with each other and two households using the second floor with each other). On May 27, 1981 and June 24, 1981, each of the underground floors and the first floor are re-divided, and six households are registered in the building ledger up to now.

(26.78 square meters in the upper-dong, 26.78 square meters in the 1st floor, 4.23 square meters in the lower-dong, 4.23 square meters in the 1st floor, 1st floor, 32.43 square meters in the upper-dong, 32.43 square meters in the 1st floor, 2nd floor in the 2nd floor, 32.43 square meters in the 2nd and 2nd floor in the 2nd floor in the 2ndon.)

In the 2nd floor of the instant house, one household (hereinafter “instant unauthorized building”) was constructed on the 2nd floor of the instant house, and the instant unauthorized building sold to F, who is the Plaintiff’s external accommodation on April 22, 1984, the said F sold each of the instant unauthorized buildings to G, the Plaintiff’s external accommodation, and on June 8, 1993, the said F sold each of the instant unauthorized buildings to G.

E. G died on June 18, 2015, and the Plaintiff solely inherited the instant unauthorized building, and had her children resided therein, and H transferred the building to the parcel number of the instant unauthorized building on July 2, 2015.

[Ground of recognition] Facts without dispute, Gap's 1 through 7, 9 through 15, 33, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is not registered on the public register, but around November 1, 1980, the total floor area of 85 square meters constructed with the instant house.

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