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(영문) 인천지방법원 2017.05.11 2016구합1527
조합원 지위 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and consolidation project association that obtained authorization from the head of Gyeyang-gu Incheon Metropolitan City for the purpose of removing a building, etc. constructed on a parcel of 88,810 square meters outside Incheon Gyeyang-gu and 1,669 households on the building site for the purpose of constructing a new apartment and accessory facilities on the building site.

The plaintiff is the owner of D Apartment 308, which is the above housing redevelopment area.

B. On March 25, 2016, the Defendant issued a notice of re-sale application (registration number: H) to the Plaintiff, stating the period for application for re-sale (from April 11, 2016 to May 13, 2016) and the place for application for parcelling-out (F1 story in Gyeyang-gu), etc., for the registration of the Plaintiff, by registered mail (hereinafter “instant loan”) of Gyeyang-gu Incheon Metropolitan City 401 (hereinafter “the Plaintiff’s registered address”).

However, the registered mail was not served on March 26, 2016 and April 4, 2016, and finally returned on April 5, 2016.

C. On the other hand, the defendant was on April 6, 2016.

The procedure, method, etc. of the application for re-sale as stated in the port was publicly announced (the period of application for re-sale: April 11, 2016 to May 13, 2016). On May 12, 2016, the public announcement was made to extend the period of application for re-sale (the period of application for re-sale: May 14, 2016 to May 20, 2016).

However, the plaintiff is above C.

The application for parcelling-out has not been filed within the period of application for parcelling-out.

[Ground of recognition] Facts without dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the plaintiff's assertion has been exceeded the period for application for parcelling-out because the plaintiff was not notified of the notice of re-sale application, but it still remains a member of the defendant's association.

(b) as shown in the attached Form of the relevant statutes;

(c) judgment cities; and

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