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(영문) 서울행정법원 2017.01.13 2016구합5730
조합원지위확인
Text

1. The plaintiff confirms that he is the defendant's member.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Improvement Project Association established to implement the Housing Redevelopment and Improvement Project that has the Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government Group C as a project implementation district (hereinafter “instant project district”).

B. Around May 30, 1989, the Plaintiff’s spouse D (hereinafter “the deceased”) acquired the ownership of an unauthorized building (a brick house, a building area of 66.1160 square meters; hereinafter “instant unauthorized building”) located on the land of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu. The Plaintiff owned the instant unauthorized building by inheritance after the Deceased died on November 7, 1996.

C. The Defendant did not notify the Plaintiff that the instant building was not located within the instant project zone, and did not notify the Plaintiff of the matters relating to the rights and obligations of its members. On the contrary, the Defendant sent a compensation plan notice to the Plaintiff on September 11, 2015 on the premise that the said building is located within the instant project zone, and a compensation plan notice to the Plaintiff on February 22, 2016 on the premise that the said building was located within the instant project zone.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is partially incorporated within the instant project zone, and the Plaintiff is the owner of the said building, and is the Defendant’s member.

(b) Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

9. The term “owner of land, etc.” means the person falling under any of the following items:

(1) In cases of a residential environment improvement project, housing redevelopment project, urban environment rearrangement project, or residential environment management project, the owners of land or buildings located within the relevant rearrangement zone or the members of a rearrangement project (excluding a rearrangement project implemented by the head of a Si/Gun or the Housing Corporation, etc.)

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