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(영문) 서울고등법원 2018.10.31 2018누41985
조합원지위확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the acceptance and amendment of the judgment of the court of first instance is as follows. The defendant's assertion in the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for adding the following judgment to the corresponding part as to the contents asserted in the court of first instance. Thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The part of the second part of the judgment of the court of first instance is the "owner" of the second part of the judgment of the court of second instance.

From 4th to 8th of the first instance court's decision, "the plaintiff has filed an application for parcelling-out" and the fourth to 15th of the fourth to 5th of the decision shall be deleted.

From 6th to 11th of the judgment of the court of first instance, the following shall apply:

A person shall be appointed.

E. Therefore, the plaintiff's assertion cannot be accepted for the above reasons.

Meanwhile, in addition to the purport of the entire pleadings in the evidence Nos. 5, 17, and 18, Article 11(1) of the Articles of the Defendant Union’s articles of incorporation provides that “When a member transfers the ownership of a building or the status of being selected as an occupant, he/she shall immediately lose his/her membership.” On April 9, 2018, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation with respect to the apartment of this case on May 24, 2018. The Defendant deposited KRW 273,19,000 of the compensation determined by the ruling of expropriation with the Plaintiff as a deposit on May 14, 2018 (No. 1214 of the Kuwon District Court Ansan Branch Branch).

According to the above facts, even if the Plaintiff maintained its membership until May 2018, as long as the ownership of the instant apartment was lost on May 24, 2018, the date of expropriation, and if the project implementer paid or deposited the compensation adjudicated by the Land Tribunal by the commencement date of expropriation, the ownership of the land or goods shall be held on the commencement date of expropriation.

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