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(영문) 광주지방법원 2019.02.14 2018구합11166
조합원지위확인
Text

1. The Plaintiff among the management and disposal plans authorized by the head of the Dong-gu Gwangju Metropolitan City on July 27, 2018.

Reasons

1. Details of the disposition;

A. The Defendant is an association that implements a B-Housing Redevelopment Project (hereinafter “instant project”) with a project implementation district of 126,433.6m2 of Gwangju Dong-gu Seoul Special Metropolitan City as a project implementation district, and the Plaintiff is the owner of the land, etc. in Gwangju Dong-gu D apartment E (hereinafter “Plaintiff’s domicile”) located in the said project implementation district.

B. On March 23, 2017, the Defendant sent a written notice of application for parcelling-out to the Plaintiff’s domicile reported to the Plaintiff’s address on the Mutual Aid Management List, and from March 22, 2017 to May 20, 2017, the Defendant sent the notice of application for parcelling-out to the Plaintiff for parcelling-out by registered mail. However, the said notice was not served on the Plaintiff, but returned

Accordingly, the defendant sent the above notice by regular mail on March 28, 2017.

C. On May 18, 2017, the Defendant sent to the Plaintiff’s domicile a written guidance for extension of the period for application for parcelling-out to the period from May 21, 2017 to May 30, 2017 by registered mail, but the registered mail was not served on the Plaintiff and was not returned to the Defendant.

The defendant shall establish a management and disposal plan that designates the plaintiff as a person subject to cash settlement (hereinafter referred to as the "management and disposal plan of this case") and obtain authorization from the head of the Dong-gu Gwangju Metropolitan City on July 27, 2018.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 3 and 7, purport of the whole pleadings

2. The plaintiff failed to file an application for parcelling-out within the period for application for parcelling-out as the defendant alleged by the plaintiff breached his duty to notify the period for application for parcelling-out

Therefore, the part of the management and disposal plan of this case which designates the plaintiff as the object of cash settlement is illegal.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. Procedures such as notification of the application period for parcelling-out under Article 46(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) are within the redevelopment area.

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