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(영문) 서울행정법원 2015.09.24 2015구합981
조합원지위확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a cooperative that obtained authorization for establishment on August 31, 2010 to implement a housing redevelopment improvement project in Seodaemun-gu Seoul Metropolitan Government 8,382.5 square meters (hereinafter “instant rearrangement zone”).

B. According to Article 9 of the Defendant’s articles of incorporation, the membership is determined as follows.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

(2) The right to ownership, superficies, etc. under paragraph (1) refers to the right prescribed in the Civil Act: Provided, That where a building is an unauthorized building, a City/Do Ordinance enacted by the Act (hereinafter referred to as “City/Do Ordinance”).

(3) Where one household or one person owns the ownership or superficies of at least two land or buildings without permission, the number of its members shall be deemed to be one member regardless of the number thereof.

person who owns it;

C. On October 13, 1993, the Plaintiff purchased D Taemun-gu Seoul Metropolitan Government 66.1 square meter (hereinafter “D”) and its ground timber and 26.45 square meter (hereinafter “D building”) within the instant rearrangement zone, and completed the registration of ownership transfer as to each of the above real estate on November 3, 1993.

2.3

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