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(영문) 서울행정법원 2016.12.09 2016구합70901
조합원지위확인
Text

1. The plaintiffs confirm that they are the defendant's union members.

2. The plaintiff D is the defendant's representative.

Reasons

1. Facts of recognition;

A. The defendant is the reconstruction maintenance project association established on May 18, 1995 to implement the apartment reconstruction project (hereinafter "the project of this case") in the area of 26,941.70m2, Seoul Special Metropolitan City H and 28m2, Seoul Special Metropolitan City, and the plaintiff D was the representative of the defendant.

Plaintiff

Ownership apartment A No. 164 B No. 173 of 6, 173 of 5th, 6th, 151 of 4th, D No. 513 E No. 513 of 2nd, 2nd, 121 of 1st, 5th 5th 16th 1st 121

B. After the Defendant selected gold Construction Co., Ltd. as a contractor and received an administrative disposition plan from the head of Gwanak-gu in Seoul Special Metropolitan City from August 27, 2008 to August 29, 2008, the Defendant concluded a sales contract for newly-built house with the Defendant’s members, including the Plaintiffs. According to the bankruptcy of gold Construction Co., Ltd., as the contractor goes bankrupt, he/she was selected as the contractor and received the application for parcelling-out from June 3, 2013 to July 13, 2013, and the Plaintiffs filed an application for parcelling-out with the Defendant within the above period.

C. On November 12, 2013, the Plaintiffs completed the registration of ownership transfer for each of the instant apartment units on the following day, but the decision to commence compulsory sale of each of the instant apartment units was made to the Seoul Central District Court I on November 12, 2013 upon the Defendant’s obligee’s motion. Each of the instant apartment units was sold to the third parties on the date of “sale” column as indicated below in the above compulsory sale procedure.

Plaintiff

On September 25, 2015, the purchaser of the date of sale of the apartment trust registration date for ownership A No. 164 of A 5, No. 164 of 5, July 2015, 2015, No. 173 of J B 1, J B 6, Sept. 14, 2015, Jun. 23, 2015, K C 1, No. 151 of 4, Sept. 5, 2015, Aug. 31, 2015, No. 513 of LD 5, No. 1, 2011, Aug. 21, 2015

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