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(영문) 서울행정법원 2017.06.02 2016구합77438
조합원지위확인
Text

1. The Plaintiff among the management and disposal plans authorized by the head of Yeongdeungpo-gu Seoul Metropolitan Government on March 6, 2017.

Reasons

The defendant is a redevelopment and maintenance project association that implements a housing redevelopment project in the size of 73,698 square meters in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu Seoul Metropolitan Government after obtaining authorization for establishment from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Yeongdeungpo-gu") on January 8, 2010.

D A. Around August 17, 2013, part of the Seoul Yeongdeungpo-gu’s land located in the said rearrangement zone was leased from the Republic of Korea, the owner of the land, and owned an unauthorized building (hereinafter “instant housing”). However, the Plaintiff, the same household owner of D concluded a sales contract to purchase the instant housing from D on August 17, 2013, and paid the purchase price on August 26, 2013, and concluded a lease contract with F who leased and resided in the instant housing on the same day.

After that, on January 19, 2015, the Plaintiff reported to the head of Yeongdeungpo-gu Office the above real estate transaction with D, and on January 21, 2015, the name of the owner on the ledger of the instant housing was changed to the Plaintiff.

From around December 1989, F had confirmed the fact that the owner of the instant housing did not reside in the instant housing through F’s family around December 2015.

On April 20, 2016, the Defendant publicly announced an application for parcelling-out by setting the period for filing an application for parcelling-out from April 20, 2016 to May 20, 2016. On April 18, 2016, the Defendant sent a notice of application for parcelling-out to D by registered mail on the premise that D is the owner (including the de facto owner; hereinafter the same shall apply) of the instant housing, but was returned to the absence of three times.

The Defendant established a management and disposition plan that includes the details of the Plaintiff as the object of cash settlement (hereinafter referred to as “instant management and disposition plan”), and obtained authorization from the head of Yeongdeungpo-gu Office on March 6, 2017.

Article 7 (Methods of Notifying and Announcing Matters concerning Rights and Obligations) (1) Members of a cooperative shall be entitled to the rights and obligations of its members (including changes; hereinafter the same shall apply).

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