logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.09.02 2016구합59911
조합원지위 확인의 소
Text

1. The Plaintiffs in the management and disposal plan approved by the head of Seodaemun-gu Seoul Metropolitan Government on June 30, 2016.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and rearrangement project association established with the approval of establishment from the head of Seodaemun-gu Seoul Metropolitan Government on April 29, 2008 to implement a housing redevelopment and rearrangement project by designating the area of 77,839.50 square meters in Seodaemun-gu Seoul Metropolitan Government D as a rearrangement zone.

B. The Defendant received the application for parcelling-out from the members of the association around September 2009, and the F, the owner of the land E and the building without permission on the ground in Seodaemun-gu Seoul Metropolitan Government, who was the Defendant’s members, applied for parcelling-out of 33 square meters (after this, F transferred the above site and the building without permission on the ground to G on March 2, 201, while G transferred the above site and the building without permission on the ground to Plaintiff A on June 24, 2011). The Plaintiff B, the owner of the building without permission on the land outside Seodaemun-gu Seoul Metropolitan Government and four lots of land, who was the Defendant’s member, applied for parcelling-gu apartment.

C. The Defendant established a management and disposal plan based on the application for parcelling-out by its members, and received the approval of the management and disposal plan from the head of Seodaemun-gu Seoul Metropolitan Government on June 22, 201.

On December 27, 2013, the Defendant: (a) obtained authorization to revise the project implementation plan (hereinafter “instant project implementation change plan”); (b) announced that the Defendant would receive an application for re-sale from the entire members for thirty (30) days from March 17, 2014 to April 15, 2014; and (c) notified its members of the notification on the application for re-sale.

E. The Defendant, on the ground that the Plaintiffs did not file an application for change during the period of filing an application for change in the form of deliberation, formulated a management and disposal plan by deeming the Plaintiffs as subject to cash settlement. On June 30, 2016, the Defendant received the approval plan from the head of Seodaemun-gu Seoul Metropolitan Government

(hereinafter referred to as “instant management and disposition plan”). [The grounds for recognition] does not dispute, Gap evidence Nos. 1 through 4, 8 through 16, 19 (including branch numbers; hereinafter the same shall apply), and oral pleadings.

arrow