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(영문) 수원지방법원 2018.03.29 2017구합69787
조합원지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On August 5, 1980, C is entitled to 1/2 of the shares of D-road 225 square meters (hereinafter “instant real estate”) in Gwangju-si, Gwangju-si on August 5, 1980.

(2) On June 26, 2017, after completing the registration of transfer of ownership in its name, the Plaintiff, who is a grandparent, was deceased on June 25, 1982. (2) On June 26, 2017, as to the instant real estate, completed the registration of transfer of ownership in its name on the ground of a consultation and division inheritance on June 25, 1982.

3) On July 1, 2011, the Defendant redevelopment project (hereinafter “instant redevelopment project”) with the area of 73,314.20 square meters in the area of 73,314.20 square meters in Gwangju-si, including the instant real estate.

B) The housing redevelopment and rearrangement project partnership established to implement the project is authorized. (B) The Defendant obtained authorization for the implementation of the instant redevelopment project on August 18, 2015 and the authorization for modification thereof on October 13, 2015 (F, G, and October 16, 2015) and publicly announced the application for parcelling-out as the period for parcelling-out from October 16, 2015 to November 30, 2015, and then re-published the application for parcelling-out on December 1, 2015.

2) The Plaintiff’s application for parcelling-out has not been filed within the extended period for filing the application for parcelling-out, and the Defendant established a management and disposal plan to determine the Plaintiff as a cash settlement partner, etc., and received an approval plan and authorization for modification thereof from the mining lighting market (H, and the public announcement I, Nov. 20, 2017, Oct. 14, 2016). 3) In the Defendant’s application for adjudication, the Gyeonggi-do Regional Land Tribunal rendered an adjudication to accept the Plaintiff on Sept. 25, 2017, taking the Plaintiff as the owner of the instant real estate as the commencement date of expropriation on Nov. 9, 2017. Accordingly, the Defendant deposited KRW 66,825,000 to the Plaintiff on Nov. 7, 2017, and the said expropriation was finalized in the name of the Defendant on Nov. 28, 2017.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 4, 5, and Eul evidence Nos. 4, 5, 7, 8, and 9 shall be included.

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