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(영문) 수원지방법원 2020.09.10 2019구합72084
조합원지위확인
Text

On June 20, 2018, the defendant is subject to cash settlement among the management and disposal plans authorized by the Suwon market.

Reasons

1. Details of the disposition;

A. On March 24, 2011, the Defendant is the implementer of the instant project, who obtained authorization for the establishment of a project implementation district with respect to B housing redevelopment rearrangement project (hereinafter “instant project”) whose Suwon-si C is the project implementation district from the Suwon-si mayor on March 24, 201, and obtained authorization for the establishment of the project on March 9, 2017.

B. E died on March 25, 2017 while holding the Suwon-si F apartment and G (hereinafter “instant apartment”) in the improvement zone of the instant project from March 2003.

The Plaintiff, a spouse of E, filed a claim against H, I, and J for the adjudication on the division of inherited property (Seoul Family Court 2017Dhap1281). On August 24, 2018, the said court rendered a decision in lieu of the conciliation that “the instant apartment shall be divided into the Plaintiff’s ownership,” and the said decision became final and conclusive around that time as the Plaintiff, H, I, and J did not raise any objection to the said decision.

On October 10, 2018, the Plaintiff completed the registration of transfer of ownership based on the division of the above inherited property with respect to the apartment of this case.

C. However, the defendant did not notify E or his heir of the application for parcelling-out under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the heir of E and E including E and the plaintiff failed to apply for parcelling-out within the period of application for parcelling-out.

The Defendant established a management and disposal plan that includes the details of the management and disposal plan that includes the Plaintiff as a person subject to cash settlement (hereinafter referred to as “instant management and disposal plan”), and obtained authorization from the Suwon City Mayor on June 20, 2018.

[Reasons for Recognition] deemed confession (Article 8(2) of the Administrative Litigation Act, Article 150(3) and (1) of the Civil Procedure Act)

2. The assertion and judgment

A. The plaintiff's assertion did not notify E or his heir of the application for parcelling-out to E or his heir who is the owner of the apartment of this case.

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