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(영문) 수원지방법원 2020.11.12 2020구합62502
주택재개발조합원지위확인의 소
Text

The defendant's management and disposal plan approved by the light market on April 28, 2020 is subject to sale.

Reasons

1. Basic facts

A. On January 11, 2012, the Defendant is the implementer of the instant project, who obtained authorization for the establishment of a housing redevelopment project (hereinafter “instant project”) with respect to housing redevelopment project, the project implementation district of which is comprised of three project districts from a mining lighting market, and obtained authorization for the implementation of the project on June 24, 2016.

B. On March 8, 1994, the Plaintiff owned D Building and Underground Floor E (hereinafter “instant building”) in the Seoul Special Metropolitan City (hereinafter “instant improvement zone”) at the auction procedure.

F. On April 21, 2008, the Plaintiff’s ASEAN owns the registration of transfer of ownership based on sale and purchase with respect to G building and H in the above rearrangement zone.

C. On May 26, 2018, the period for application for parcelling-out (from April 20, 2018 to June 13, 2018) notified by the Defendant, the Plaintiff and F applied for parcelling-out to the Defendant on or around May 26, 2018, and the Defendant formulated a management and disposal plan including the details that the Plaintiff and F are eligible for parcelling-out, and applied for authorization of the management and disposal plan to the Gwangju Mayor on October 28, 2019.

However, on the ground that the plaintiff and the F have dealt with the same household after moving-in to the domicile of the plaintiff on the resident registration card, the light name market made a supplementary notification to the effect that the plaintiff and F should be regarded as one member and be granted only one unit of application for parcelling-out. Accordingly, the defendant submitted an application for the management and disposal plan including the contents that exclude the plaintiff from the purchaser, and the light name market approved and publicly notified the management and disposal plan supplemented (hereinafter "the management and disposal plan of this case") on April 28, 2020.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 to 15 evidence (including additional evidence) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion and F are owned by their respective buildings, and the Plaintiff and F separately live, and F was unable to receive mail properly while operating the head office at night.

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