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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 the Housing Redevelopment Project Association established with the approval of establishment from the head of the Busan Metropolitan Government Maritime Government on July 31, 2015 to implement a housing redevelopment improvement project by having Busan Maritime Daegu C Headquarters as a project implementation district.
B. At the time of obtaining authorization for the establishment of a project on July 31, 2015, the Defendant owned all of 210 square meters of the Busan Shipping Daegu D road (hereinafter “1”) and 9 square meters of the road E (hereinafter “2 land”) located within the said project implementation district. On November 12, 2015, the Plaintiff acquired the ownership of the 1 land through the public sale procedure, and on November 23, 2015, the Plaintiff acquired the ownership of the 2 land through the public sale procedure.
C. The Plaintiff requested the Defendant to register the Plaintiff as a member of the partnership list, but the Defendant rejected the Plaintiff’s acquisition of the above land from F after the authorization was granted for the establishment of the partnership, and the Plaintiff cannot be a member solely under Article 19(1)3 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-4 (including a provisional number), and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Article 19(1)3 of the Plaintiff’s argument Act provides for preventing the increase of association members and the inflow of an speculative force through the acquisition of a house after the division of households or establishment of an association.
The plaintiff acquired land from F for speculative purposes not for purchasing land 1 but for public sale, and thus does not fall under Article 19 (1) 3 of the Urban Improvement Act.
Therefore, the plaintiff alone acquired the defendant's membership as a member.
(b) as shown in the attached Form of the relevant statutes;
C. Article 19(1) of the former Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 13912, Jan. 27, 2016; hereinafter the same) provides that members of a rearrangement project shall be owners of land, etc., who fall under any of the following subparagraphs: