208Guhap4471 Verification of Union Members' Status

1. ○○○

2. ○○○

○○ Housing Reconstruction Project Association

February 27, 2009

March 20, 2009

1. Each of the plaintiffs' claims is dismissed.

2. All the costs of lawsuit are assessed against the Plaintiffs.

The plaintiffs are sole partners of each defendant.

1. Basic facts

A. On September 1, 2008, the Defendant is a partnership with a rearrangement project that implements a housing reconstruction project with the establishment approval from the head of the Seoul Special Metropolitan City ○○○○○○○○○○○○○○ OO as a rearrangement zone.

B. The plaintiffs are co-owners of 1/2 shares of ○○○○○ (hereinafter referred to as the "site of this case") located in the above rearrangement zone and 2-story housing on the above land (the first floor, 2 floor and 79m2, respectively, hereinafter referred to as the "house of this case").

C. The original house was newly built by ○○○○ and completed registration of initial ownership on June 15, 1984, and was transferred one half of each of the shares to Plaintiff 1 and Nonparty ○○○○○ on the same day. Of them, the shares of ○○○ was transferred to ○○○○ on February 15, 1989, and was transferred again to ○○○○ on October 26, 2005, and was transferred again to ○○○○ on October 26, 2005. Meanwhile, the instant house was structural independent of the first and second floors except for the ground floors used as the underground room, and is structurally independent.

[Grounds for Recognition: Evidence No. 1, 2, Evidence No. 3-4, Evidence No. 6-1, 2, A8, 1, 2, and 2 respectively; purport of the whole pleadings and arguments

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion

The plaintiffs own the land and housing of this case as co-ownership in the real estate register injury, but since the housing of this case is in de facto divided ownership relationship with the aggregate building, such as the use and transaction of the housing of this case completely independent by each floor, the plaintiffs are in the status of the defendant's sole partner.

(b) Relevant statutes;

* Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 9444 of February 6, 2009)

Article 2 (Definitions of Terms) The definitions of terms used in this Act shall be as follows:

9. The term "owner of a plot of land, etc." means the following persons:

(a) In cases of a residential environment improvement project, housing redevelopment project, or urban environment rearrangement project, within a rearrangement zone;

The owner or superficies of the land or building located;

(c) In cases of a housing reconstruction project, persons falling under any of the following:

(1) An owner of a building and its appurtenant land located in a rearrangement zone;

Article 19 (Qualifications, etc. for Members)

(1) Members of a rearrangement project (excluding a rearrangement project implemented by the head of a Si/Gun or the Korea Housing Corporation, etc.) shall be discussed.

Land owners (limited to those who consent to a housing reconstruction project in cases of a housing reconstruction project), but land shall be land

or if the ownership and superficies of a building belong to two or more persons, one representative of the owners shall be

Members shall be regarded as members.

Article 48 (Authorization, etc. for Management and Disposal Plans)

(2) The details of a management and disposal plan under paragraph (1) shall be as follows:

6. Where one household owns 1 or more houses, 1 house shall be supplied, and 2 or more persons co-own 1 house; and

(hereinafter referred to as the "proviso") shall be supplied only for one house.

(7) Necessary matters concerning the details of management and disposal plans, methods and standards for management and disposal, etc. under paragraph (1).

Matters shall be prescribed by Presidential Decree.

* Act on the Maintenance and Improvement of Urban Areas

Article 52 (Standards, etc. for Management and Disposal)

(1) In cases of housing redevelopment projects and urban environment rearrangement projects, management and disposal under Article 48 (7) of the Act.

The following methods and standards shall be followed:

3. Selling land to the owners of land, etc. (excluding persons with superficies; hereafter the same shall apply in this paragraph) in an improvement zone.

(b) in the case of the sale of multi-family housing, the amount, size, acquisition time or type prescribed by City/Do Ordinance;

Owners of land, etc. who fail to meet standards for such sale shall be sold as prescribed by City/Do Municipal Ordinance.

may be excluded from the subject.

(2) In cases of a housing reconstruction project, the methods and standards referred to in Article 48 (7) of the Act shall be as follows:

(1) A union shall comply with the applicable provision: Provided, That where a union separately determines the applicable provision with the consent of all the members of the union, such provision

shall govern.

1. To apply paragraph (1) 5 and 6: Provided, That in cases of a single housing reconstruction project, the redevelopment of housing shall be applied;

The subparagraphs of paragraph (1) shall apply in accordance with the project.

* Seoul Special Metropolitan City Ordinance on Urban and Residential Environment Improvement

Article 1 (Purpose) This Ordinance shall be governed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Enforcement Decree of the same Act, and the Enforcement Rule

The purpose is to prescribe matters delegated by the Act and those necessary for its enforcement.

Article 24 (Those, etc. Eligible for Sale of Housing Redevelopment Projects)

(2) In any of the following cases, several applicants for parcelling-out shall be eligible for parcelling-out:

of this section.

3. Where several persons own one house or parcel of land: Provided, That on December 30, 2003,

The share area of land owned by the co-ownership prior to the date shall be as prescribed by Article 25 subparagraph 1 of the Building Bylaws.

Persons whose scale is above the scale shall not be the same.

Article 28 (Methods and Criteria for Management and Disposal of Housing Reconstruction Projects) A housing reconstruction project under Article 52 (2) of the Decree.

Methods and criteria for administration and disposal shall be as follows:

1. New construction on the basis of the value or size of the previous land and building in which a partner has invested;

Housing, etc. shall be sold in lots. In such cases, the allocation by scale shall be the number of floors, etc. of each Dong of previous housing, etc.

The management and disposal plan shall be determined in accordance with the management and disposal plan.

5. Other matters necessary for administration and disposal shall be determined by the articles of association, etc.

Addenda ( December 30, 2003)

Article 7 (Transitional Measures concerning Criteria for Sale of Multi-Family Houses) Equity interests by household before January 15, 1997; and

the multi-family house which has completed the registration of partitioned ownership (the sole owner before introducing the multi-family house system on April 21, 1990)

(including de facto multi-family houses which have completed equity or divided registration upon obtaining a building permit at home)

Notwithstanding the provisions of Article 24 (2) 3, only the number of households permitted to construct a multi-family house shall be by household.

One person shall be each eligible for parcelling-out.

C. Determination

(1) Articles 19(1) and 48(2)6 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be the members of the land, etc. who consent to the housing reconstruction project, but if the right of ownership of the land or building belongs to several co-owners, one representative shall be deemed to be the members, and if two or more persons co-ownership one house, only one house shall be supplied (Article 9(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be separately stipulated in Article 19(1) and 48(2)6 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Article 28(1)3 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be separately stipulated in Article 9(1)5 of the Act on the Maintenance and Improvement of Residential Areas and Dwelling Conditions for Residents and Article 52(1)3 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 9(4) of the Act on the Building Ordinance No. 20301.

(2) The plaintiffs asserted that the above exception provision in the case of a housing redevelopment project can be applied by analogy to the case of a housing reconstruction project, but the following examination is difficult to accept in light of the nature of the housing redevelopment project, the housing reconstruction project, and the legal treatment of multi-family houses, etc., as well as the ordinances enacted in accordance with the delegation of the Enforcement Decree by the law and the articles of association. As such, it is no longer reasonable to reject the provisions of the law and the articles of association by analogy of the provisions on other housing redevelopment projects.

A housing redevelopment project is a kind of public works for which land, etc. can be used or usable as a whole as stipulated in Article 4 subparagraph 8 of the Act on the Acquisition of Land, etc. for Public Works and Article 38 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, while a housing redevelopment project is a project of which the owners of land and buildings located within the redevelopment improvement zone as a matter of course. On the other hand, a housing reconstruction project is implemented as an urgent need to implement a rearrangement project due to a natural disaster, land change or other inevitable reasons (Article 8 (4) 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) except for a case where "it is deemed necessary to urgently implement a rearrangement project due to the implementation of the rearrangement project, it does not fall under a small definition of the above related Acts and subordinate statutes and is not granted the project implementer a right to expropriate or use land, etc. and is implemented with only the person who has consented to the project as a member. There is no reasonable ground

In addition, as well as multi-family houses constructed prior to the introduction of the multi-family house system on April 21, 1990, the multi-family houses constructed thereafter shall be the kind of detached houses as stipulated in Article 2(2) of the Building Act and Article 3-4 of the Enforcement Decree of the Building Act [Attachment 1], and shall be the whole of the building as one object of ownership in the building owner's intent, and shall be the whole of the building as one object of ownership: Provided, That it is only a type of multi-family houses such as a set, a settlement house, and a multi-household house, which are the objects of separate ownership for each section of exclusive ownership, and it is strictly distinguishable from that of multi-family houses such as a set, a multi-family house, a type of multi-family house, and a multi-family house, which are built, and then transferred ownership to the objects of separate ownership. Nevertheless, any person who actually enjoys the effect of sale by transferring ownership from the difference between detached houses and multi-family houses under the Building Act

The act is an act, and it ex post recognizing the result of such an act is detrimental to the normative power of the legal order and the equality in front of the law. Therefore, in the housing redevelopment project, the relevant regulations that stipulate that each right holder of a multi-family house, which is a kind of multi-family house, should be exceptionally recognized as a single member in the housing redevelopment project, need to be interpreted and applied very strict, and it should not be applied by analogy even in the case of a housing reconstruction project, the nature of which is different without any separate basis.

3. Conclusion

Thus, the plaintiffs' claim of this case is dismissed as it is without merit.

Within the presiding judge;

Judges Kim Jong-il

Judges Cho Jong-hee