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(영문) 서울행정법원 2019.07.12 2018구합50826
조합원지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the Defendant’s status 1) The Housing Redevelopment Improvement Project (hereinafter “instant project”) in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

In order to implement the project, the housing redevelopment and consolidation project is established on June 9, 2009. 2) The defendant has obtained authorization for the project implementation of the project of this case from the head of Nowon-gu in Seoul Special Metropolitan City (hereinafter “the head of Nowon-gu”) on November 6, 2014, and received application for parcelling-out from the members around March 2015, and obtained authorization for the management and disposal plan formulated on November 14, 2016.

B. D from around 2005 to around 92 square meters of land in Seoul Special Metropolitan City, Nowon-gu, the Republic of Korea located within the project implementation district of this case (hereinafter “instant land in dispute”).

Around 209, the head of Nowon-gu has occupied the land of 34 square meters without permission. D from 2005 to 2008, on the ground that D without permission, occupied the land of 34 square meters. D entered into a contract for the use of the land of this case divided into 152 square meters in Seoul Special Metropolitan City, Nowon-gu, for the purpose of using the land of this case. However, D entered into an agreement for the use of the land of this case in the name of 106,980 won and 96,760 won on March 10, 2006, and 84,900 won on May 9, 2007, and 2000 won on the condition that D had the right to use the land of this case transferred to the Plaintiff within 306,630 won on the grounds that D had the right to use the land of this case, and the Plaintiff had the right to use the land of this case transferred to the Plaintiff on May 26, 2008.

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