logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.07.23 2020구합21440
조합원지위확인
Text

1. Of the instant lawsuit, the part of the claim for confirmation by the seller shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff and C are siblings, and D are the mother of the Plaintiff.

B. The Defendant Union was authorized to establish an association on December 27, 2007, as a corporation established to implement redevelopment improvement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Seo-gu Busan District (hereinafter “instant project zone”).

C. C on March 3, 2004, in the instant project area, acquired the ownership of the Seo-gu Busan Metropolitan Government F Ground Building (hereinafter “instant building”), and D on August 14, 1997, acquired the ownership of the instant land in Seo-gu, Busan Metropolitan City.

The Defendant Union announced an application for parcelling-out to the owners, etc. in the instant project zone from November 23, 2017 to December 28, 2017, and C and D applied for parcelling-out within the said period.

At the time of application for parcelling-out, C and D did not constitute the same household.

E. After that, the registration of transfer of ownership in the name of the Plaintiff was completed on November 8, 2018 ( October 23, 2018, the date of sale) and the registration of transfer of ownership in the name of the Plaintiff was completed on November 23, 2018 (the date of donation November 23, 2018).

D At the time when acquiring ownership of the instant building, the Plaintiff and D constituted the same household.

F. The articles of incorporation of the Defendant Union provide for the following provisions with respect to the qualifications for membership, etc.

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

(3) In cases where one household or the same person owns the ownership or superficies of two or more lands or buildings, regardless of the number thereof, it shall be considered as one member.

(4) If ownership and superficies of land or buildings belong to two or more persons, or if several owners of land, etc. belong to one household, such ownership and superficies shall be registered on the list of residents, etc. of the same household.

arrow