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(영문) 부산지방법원 2018.10.19 2018구합21553
조합원지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a project implementer who has obtained authorization for the establishment of a partnership on November 28, 2006 and obtained authorization for the implementation of the instant rearrangement project on March 24, 2017 from the Mayor of Busan Metropolitan City with respect to B housing redevelopment improvement project (hereinafter referred to as “instant rearrangement project”) implemented in the area of 148,865 square meters in Nam-gu Busan Metropolitan City, Busan Metropolitan City.

The Plaintiff is the owner of land, etc. who owns the building D, 201 Dong 401, located within the project zone of the instant improvement project, together with his/her spouse E, child F, G, etc. at the address of the Plaintiff.

The defendant's guidance for application for parcelling-out to the members of the association under Article 46 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (Amended by Act No. 14943, Oct. 24, 2017; hereinafter "former Act") to formulate a management and disposal plan on April 17, 2017, which was after obtaining authorization for the project implementation of the instant improvement project, the defendant's guidance for application for parcelling-out to the members for parcelling-out, the details of the land or buildings subject to parcelling-out to the members, the type and name of the project implementation, the details of the project implementation

5. Until June, 16, a public announcement of the application for parcelling-out has been published in the H press, including the place for application for parcelling-out and the application for parcelling-out, and the members have applied for parcelling-out within the period of application for

In addition, the defendant, around that time, sent an application for parcelling-out, the period and place of application for parcelling-out, the details of land or structures subject to parcelling-out, a summary of charges, the qualifications for application for parcelling-out, and the method of application for parcelling-out to the domiciles of each member listed in the register of association members by the next-day special grade post at the office of Southern-si, Busan-si, along with guidance for the application for parcelling-out and the procedure for parcelling-out by directly visiting association

The defendant is registered in the register of union members of the application for parcelling-out to the plaintiff.

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