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(영문) 서울행정법원 2018.06.01 2017구합85740
조합원지위확인
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. The Defendant is a Housing Redevelopment Project Association established on February 26, 2009 to implement a housing redevelopment project in Seongbuk-gu Seoul Metropolitan Government as a project implementation district (hereinafter “project implementation district of this case”).

B. On August 20, 1963, the deceased’s spouse D (hereinafter “the deceased”) owned 228 square meters in Seongbuk-gu Seoul E-228 square meters (hereinafter “the instant land”) located in the instant project implementation zone, and the deceased’s children (the deceased’s children), inherited and shared the said land according to their respective inheritance shares. Among them, on January 17, 1975, the deceased’s deceased co-ownership was transferred from the other co-ownership rights and owned the said land independently, and the deceased’s deceased on July 22, 1990, the deceased’s heir inherited and owned the said land in accordance with their respective inheritance shares.

C. Meanwhile, on the ground of the instant land, one household (hereinafter “the instant unauthorized building”) was constructed. After the Plaintiff completed the move-in report on February 27, 1986 by having the instant land located at the domicile, the Plaintiff made the move-in report to the address of the Seongbuk-gu Seoul J on February 27, 1986. In light of the fact that the said address was changed to the “Seoul Seongbuk-gu E” on October 11, 1996 on the ground of the “actual lot number correction” (No. 4), the Plaintiff appears to have been transferred to the address of the “Seoul Seongbuk-gu E” as of February 27, 1986.

With respect to the above unauthorized building, local tax imposed from around November 1997 to 2004 was paid. The water rate imposed from around November 1998 to the present day, and the electricity fee imposed from January 2005 to the present day was paid.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4 through 9 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is located within the project implementation district of the instant case.

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