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(영문) 서울행정법원 2015.11.13 2015구합69225
조합원지위확인
Text

1. The plaintiff is the defendant's member.

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

Reasons

1. Facts of recognition;

A. The Defendant is the Seongbuk-gu Seoul Metropolitan Government D land and its ground building located within the project area of Seongbuk-gu Seoul Metropolitan Government for the purpose of implementing a housing redevelopment improvement project whose business area covers 87,783 square meters. The Defendant is a housing redevelopment improvement project association that has obtained authorization for the establishment of a housing redevelopment project from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “the head of Seongbuk-gu”). The Plaintiff is the owner of Seongbuk-gu Seoul Metropolitan Government D

B. On December 21, 2010, the Defendant: (a) held a general meeting on December 21, 2010 and formulated a project implementation plan (hereinafter “the first project implementation plan”); (b) held a general meeting on October 9, 2012; and (c) changed the project implementation plan to the effect that the total number of households would be increased from 1,231 to 1,401 households by reducing large-scale square meters in relation to the details of the site or building subject to parcelling-out and increasing small-type

(hereinafter referred to as the "project implementation change plan of this case").

On January 10, 2013, the head of Seongbuk-gu Office announced the project implementation authorization (hereinafter referred to as the "project implementation authorization of this case") on the Defendant's initial project implementation plan on January 10, 2013, and publicly announced the said authorization on January 17, 2013.

Afterward, the defendant notified the owners of land, etc. of the application for parcelling-out as the period for applying for parcelling-out (hereinafter referred to as the "period for application for parcelling-out") from March 16, 2013 to May 14, 2013 (hereinafter referred to as the "instant application period"), and the plaintiff did not apply for parcelling-out within the said period for parcelling-out.

E. Meanwhile, the Defendant did not obtain authorization from the head of Seongbuk-gu on the implementation change plan of the instant case until the closing date of the argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The defendant's assertion of the plaintiff is estimated based on the project implementation change plan of this case which did not obtain authorization from the head of Seongbuk-gu when notifying the plaintiff of this case.

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