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(영문) 수원지방법원 2018.09.20 2018구합65324
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. During Ansan-si, the Defendant is a housing redevelopment and rearrangement project partnership that obtained authorization for establishment from the Ansan-si mayor on February 21, 2012 to implement a housing redevelopment and rearrangement project (B housing redevelopment and rearrangement project; hereinafter “instant project”) by setting the land of 116,66.10 square meters in the Seoul-gu Seoul-si Seoul-si (hereinafter “instant project zone”).

B. The Plaintiff is a person who owned the Dong-gu D and E (hereinafter “instant apartment”) during the Ansan-si in the instant project zone.

C. On July 23, 2015, the Defendant issued a public notice of application for parcelling-out and a guidance to inform the land owners, etc. including the Plaintiff to apply for parcelling-out from September 15, 2015 to November 7, 2015 after obtaining authorization to implement the instant project from the Ansan market.

After obtaining approval for change of the project implementation plan on January 15, 2016 in accordance with the amendment of the improvement plan of the Ansan market on July 31, 2015, the defendant sent the application for parcelling-out to the land owner including the plaintiff, etc. for new application for parcelling-out from January 20, 2016 to February 19, 2016.

E. After doing so, the Defendant established a management and disposition plan to classify the Plaintiffs as persons subject to cash settlement (hereinafter “instant management and disposition plan”) on the ground that the Plaintiff did not apply for parcelling-out within the period of application for parcelling-out, and obtained authorization from the Ansan market on February 27, 2017.

Plaintiff

(1) A cooperative shall faithfully notify and publicly announce matters concerning the rights and obligations of its members (including changes; hereinafter the same shall apply) to its members and interested parties.

(2) Methods of notification and announcement under paragraph (1) shall be as follows, except as otherwise provided in the articles of incorporation:

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