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(영문) 서울행정법원 2017.01.06 2016구합61860
조합원지위확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a co-owner who completed the registration of ownership transfer on June 13, 2008 of the building 1/4 shares of this case in Seongbuk-gu Seoul Metropolitan Government 32,670.57 square meters (hereinafter "the rearrangement zone of this case"), and D is the owner of the 3/4 shares of the building of this case.

The defendant, after receiving project implementation authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government on December 3, 2013, shall set the period from February 3, 2014 to its members on February 3, 2014.

4. 3. A public announcement of sale was made by setting the period for application for parcelling-out, and the period for application for parcelling-out was extended from April 4, 2014 to April 23 of the same month, and the Plaintiff did not apply for parcelling-out within the period for application for parcelling-out

On March 18, 2016, the head of Seongbuk-gu Seoul Metropolitan Government approved the above management and disposition plan E on March 24, 2016 and publicly notified on March 24, 2016.

(2) The redevelopment association under the Urban Redevelopment Act (wholly amended by Act No. 5116, Dec. 29, 195) provides that the redevelopment association under the Urban Redevelopment Act (wholly amended by Act No. 5116, Dec. 29, 1995) is a special administrative entity with special purpose of existence and at least a specific purpose of existence, and is engaged in a specific public business subject under the supervision of the State.

Therefore, in a lawsuit against a union, if there is a dispute as to the recognition of a union member's qualification with unique characteristics of the compulsory subscription system, there is no room to intervene in any disposition, etc. of the union at that stage, and thus, it is possible to seek confirmation of union member's qualification by a party suit under public law.

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