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(영문) 서울행정법원 2016.10.06 2015구합77684
조합원지위확인
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment and rearrangement project by using the total area of 87,952 square meters in Mapo-gu Seoul as a project implementation district.

B. The cooperative housing located in Mapo-gu Seoul Metropolitan Government F land located in the Defendant’s business area (hereinafter “instant housing”) was constructed with a building permit obtained from the head of Mapo-gu Office on December 29, 1979 and registered in the building ledger with the approval for use obtained from the head of Mapo-gu Office.

The third floor of the housing No. 1 of this case is constructed without permission (paragraphs 1 and 2). On April 1980, Plaintiff A had moved-in to the building site number without permission and had resided in G around December 2007, after leasing the said third floor No. 2 (hereinafter “instant No. 1 without permission”) to G around December 2007, G currently resides in the building without permission of this case.

C. A cooperative house located in Mapo-gu Seoul Metropolitan Government H land (hereinafter “instant 2 house”) was constructed with a building permit obtained from the head of Mapo-gu Office on August 21, 1981 and registered in the building ledger with the approval for use obtained from the head of Mapo-gu Office on August 21, 1981.

The third floor of the instant second floor is a building without permission (hereinafter “the instant building without permission”). On May 1981, Plaintiff B purchased the instant building without permission from I, and on August 28, 1982, Plaintiff B moved to the parcel number located in the instant building without permission, and resided until February 8, 191.

The cooperative housing located in Mapo-gu Seoul Metropolitan Government J land (hereinafter referred to as the "third housing of this case", and the housing of this case refers to the housing of this case 1 to 3) is constructed with a building permit granted to 1st floor, 1st floor, and 2nd floor, and was registered in the building ledger after obtaining approval for use from the head of Mapo-gu Office on May 12, 1980.

The third floor of the housing No. 3 of this case is the case No. 3.

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