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(영문) 인천지방법원 2019.05.30 2018구합51359 (1)
조합원지위확인
Text

1. The Defendant’s management and disposal plan approved by the vice-market on May 2, 2018, which was subject to settlement in cash.

Reasons

1. Details of the disposition;

A. On October 26, 2009, the Bupyeong-gu Seoul Special Metropolitan City was designated as a zone for redevelopment and rearrangement of housing in the zone B, and the Defendant obtained authorization to establish a housing redevelopment improvement project (hereinafter “instant project”) on May 31, 2010 from the Bupyeong-gu Seoul Special Metropolitan City, and obtained authorization to implement the project on January 31, 2017 from the Bupyeong-gu Special Metropolitan City on the implementation of the instant project.

B. C (FF students; hereinafter “the deceased”) owned the title I (hereinafter “the instant real estate”) which is part of the G and H-based housing located within the instant project zone, located in Bupyeong-si in the Bupyeong-si and H-based (hereinafter “instant real estate”) and resided at his/her domicile on July 15, 1995, and died on January 30, 2014. The Plaintiff’s mother is the deceased’s heir of the deceased’s property.

C. On April 6, 2017, the Defendant publicly announced the period for application for parcelling-out to May 19, 2017, setting the period from April 6, 2017 to May 19, 2017, and thereafter publicly announced the period for application for parcelling-out to June 8, 2017.

The defendant has established a management and disposal plan that contains the contents of determining the deceased as the object of cash settlement within the period for application for parcelling-out and obtained authorization from the vice-market on May 2, 2018.

(hereinafter) The part of the management and disposition plan authorized as above, which designates the deceased as the object of cash settlement, / [based on recognition] Gap evidence 1 through 4, Eul evidence 1 through 3, 4-1, 5-1, 6 through 9, and the purport of the whole pleadings.

2. Determination on this safety defense

A. As the Defendant’s ruling of acceptance of the instant real estate became final and conclusive, the deceased and the Plaintiff lost their membership in the Defendant, so there is no legal interest to seek revocation of the instant disposition against the Plaintiff.

(b) judgment;

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