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(영문) 서울행정법원 2015.05.15 2014구합57720
조합원지위확인
Text

1. Among the Plaintiff and the Defendants, Defendant B’s urban environment rearrangement association is one of the Seoul Yeongdeungpo-gu Seoul Metropolitan GovernmentF.

Reasons

1. Basic facts

A. Defendant B’s urban environment rearrangement project association (hereinafter “Defendant association”) is an association established on July 11, 2006, with the size of 58,5643.90 square meters in Yeongdeungpo-gu Seoul Metropolitan Government as a project implementation district for urban environment rearrangement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. On May 25, 2009, the deceased C (hereinafter “C”) borrowed KRW 12 million (hereinafter “the instant loan”). On the same day, on the same day, as the former owner of G 20 square meters in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant land”) and 45.02 square meters of a building not registered without permission on H ground (hereinafter “instant building”) located within the project district of the Defendant Cooperative (hereinafter “the instant loan”). Around May 25, 2009, the Plaintiff completed the registration of the establishment of a mortgage over the instant land as a mortgagee, a community credit cooperative, a maximum debt amount of KRW 15.6 million.

On May 26, 2009, at the time of entering into a contract of transfer for security (hereinafter “instant transfer for security”) with the content that the instant building is transferred to community credit cooperatives as the subject matter of security for claims, a letter as follows (hereinafter “instant transfer for security”).

1. The above unregistered buildings will be offered as additional security to the Korea Community Credit Cooperatives after completing the preservation registration as soon as possible. 2. If it is impossible to transfer ownership registration, it will immediately comply with the demand of the Korea Community Credit Cooperatives to remove or order the above unregistered buildings due to the need such as preserving the claims of the Korea Community Credit Cooperatives or exercising the right to collateral security. 3. In the event that ownership of the above unregistered real estate is transferred by auction due to nonperformance of obligation, etc., the above unregistered buildings will be given up all the rights to the above unregistered buildings. 4. The above unregistered buildings will bear all civil and criminal liabilities arising from the above unregistered buildings, and the Korea Community Credit Cooperatives will not inflict any damage.

After that, C is unable to repay the borrowed money of this case, and the community credit cooperatives shall be subject to this.

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