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(영문) 서울고등법원 2020.04.29 2019누57970
조합원지위확인청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and consolidation project association that obtained approval for establishment from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “head of Songpa-gu”) on February 6, 2009 for the purpose of implementing a housing redevelopment and rearrangement project in the Songpa-gu Seoul Metropolitan Government and D Japan 98,453.70 square meters (hereinafter “instant rearrangement zone”).

The Plaintiff owned a building of 46 square meters and its ground in Songpa-gu Seoul Metropolitan Government E-gi (hereinafter “instant real estate”) in the instant improvement zone.

B. On August 12, 2013, the Defendant received project implementation authorization from the head of Songpa-gu Office, and set the period from March 24, 2014 to April 30, 2014, and provided guidance for application for parcelling-out to its members for parcelling-out.

Since May 1, 2014, the period of application for parcelling-out has been extended from May 1 to May 20, 2014.

C. The Plaintiff did not apply for parcelling-out within the above period of application for parcelling-out and extended period.

The defendant has formulated a management and disposal plan based on the current status of application for parcelling-out and received a management and disposal plan from the head of Songpa-gu on April 27, 2015 from the head of Songpa-gu (hereinafter referred to as the "former management and disposal plan of this case"), and the defendant has formulated a management and disposal plan (revision) plan, and obtained approval from the head of Songpa-gu on August 23, 2017 from the head of Songpa-gu, and has formulated a re-management and disposal plan (revision) plan, approved by the head of Songpa-gu on January 26, 2018, and has formulated a multi-family housing sale plan, a plan for selling religious sites, an estimated amount of the cost for rearrangement projects, and the timing for sharing the burden of members and the timing for sharing the burden therefrom, etc. after formulating a management and disposal plan (revision) plan on May 17, 201

[2] The Defendant’s management and disposal plan (amended) approved by the head of Songpa-gu Office on May 17, 2018 (hereinafter “instant management and disposal plan”). [Grounds for recognition] of dispute, Gap’s 6, 13, and 14 evidence, and Eul’s 1 through 1.

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