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(영문) 서울행정법원 2019.05.31 2018구합71021
조합원 지위확인의 소
Text

1. The plaintiff is the defendant's member.

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

Reasons

1. Basic facts

A. On July 12, 2017, the Defendant is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter referred to as “Urban Improvement Act”) within the Yongsan-gu Seoul Metropolitan Government Project Implementation District (hereinafter referred to as “instant Project Implementation District”).

) An urban environment rearrangement project association established with authorization to establish an association for the purpose of implementing an urban environment rearrangement project under the Act.

On March 18, 2010, the project implementation district of this case was designated as D/D as a zone to be rearranged after the residents’ public inspection, and on July 9, 2015, the scope was changed to E/Seoul Metropolitan Government public announcement on July 9, 2015, but it was not subject to the residents’ public inspection procedure as it constitutes “minor change” under the Urban Improvement Act and the Enforcement Decree of

(1) The association members shall be the owners of the land or buildings in the project implementation district or the persons with superficies thereof (hereinafter referred to as "owners of the land, etc.") under Article 9 of the "Articles of Association (No. 8)".

(2) The rights of ownership, superficies, etc. under paragraph (1) mean rights prescribed by the Civil Act.

Provided, That where a building is an unauthorized building, the owner of the unauthorized building shall be recognized as a member only when it proves that the building is a specific unauthorized building prescribed by City/Do municipal ordinance (hereinafter referred to as the "City/Do Ordinance") established under the Act.

(5) Where the rights of a union member are transferred due to transfer, inheritance, inheritance, judgment, etc., the rights and obligations of the union member shall be deemed changed to the person who has acquired the rights and obligations of the union member, and the person who has acquired the rights shall comprehensively take over the rights and obligations of the former union member

Article 48 (Sale of Units by Members) (1) Persons eligible for the sale of multi-family housing constructed as an urban environmental project under Article 52 (1) 3 of the Decree shall be as follows as of the base date of the management and disposal plan:

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