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(영문) 인천지방법원 2017.11.30 2017구합51635
조합원지위확인
Text

1. The plaintiff is the defendant's member.

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

Reasons

1. Details of the disposition;

A. The Defendant, on August 8, 2016, obtained authorization for the implementation of a housing redevelopment project (hereinafter “instant project”) from an association established for the purpose of implementing a housing redevelopment project (hereinafter “instant project”) on the area of 129,59m2 in Nam-gu, Incheon Metropolitan City, Nam-gu, and the head of the Nam-gu Incheon Metropolitan City Gu on August 8, 2016.

B. The Plaintiff completed the registration of ownership transfer on December 8, 2006 with respect to 103, Nam-gu, Incheon (hereinafter “instant real estate”) located within the project implementation district of this case. At the time, the Plaintiff’s address on the registry of the instant real estate was indicated as Seoul Mapo-gu.

However, on October 5, 2007, the Plaintiff changed his/her resident registration domicile to F1st floor of Eunpyeong-gu Seoul on October 5, 2007, and on September 1, 2014, Goyang-gu G buildings and Cdong 402.

C. On November 1, 2016, the Defendant publicly announced the owners of land, etc. within the instant project implementation district as the period for application for parcelling-out from November 14, 2016 to December 18, 2016. On November 10, 2016, the Defendant sent the written guidance for application for parcelling-out to the Plaintiff for parcelling-out to the address on the registry of the instant real estate (hereinafter “resident on the registry”).

On December 20, 2016, the registered mail was returned, and the defendant sent the documents related to the sale guidance and the application for parcelling-out (extension) notice to the same address by regular mail.

Articles 43 and 7 (2) 1 of the defendant's articles of incorporation provide that "in relation to the notification of application for parcelling-out, members concerned shall be notified individually by registered mail, and in cases where registered mail is returned due to the unknown address and refusal to receive it, additional mail shall be sent only once by ordinary mail."

[Grounds for recognition] Facts without dispute, Gap 1-8, Eul 1-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the defendant's summary of the plaintiff's assertion has returned all registered mail and ordinary mail sent one time to the domicile on the registry, the defendant is the plaintiff.

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