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(영문) 대구지방법원 2020.12.24 2020구합22017
관리처분계획취소
Text

1. Of the instant lawsuits, the part of the confirmation of membership among the primary and conjunctive claims shall be dismissed.

Reasons

1. Details of the disposition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant is a housing redevelopment and rearrangement project association with the approval of the establishment on December 17, 2009 by the head of Daegu-gu Seoul Metropolitan City, which is a housing redevelopment and rearrangement project association with the approval of the establishment on December 17, 2009, and the Plaintiff owns 159 square meters of land for Daegu-gu D road in the project implementation district of this case (hereinafter “instant land”).

B. On July 26, 2018, the Defendant received the authorization from the head of Daegu Metropolitan City Head of the Gu to implement the project in this case, and applied for parcelling-out from the members by determining the period of application for parcelling-out from January 28, 2019 to March 8, 2019, but the Plaintiff did not apply for parcelling-out within the said period.

C. On August 16, 2019, the Defendant issued a management and disposition plan that excludes the Plaintiff from a person subject to parcelling-out within the period for application for parcelling-out, which includes the details of designation as a person subject to parcelling-out, and passed a resolution at the general meeting of partners, and obtained authorization of the management and disposition plan (hereinafter “instant management and disposition plan”) from the head of the Nam-gu Metropolitan City, Daegu, and the head of the Nam-gu, Daegu, on August 20, 2019.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Among the main claims, the part of the management and disposition plan of this case against the plaintiff among the management and disposition plan of this case was approved on August 16, 2019 and announced on August 20 of the same month. The plaintiff filed the lawsuit of this case on April 9, 2020 after the lapse of 90 days from August 26, 2019, which is the effective date of the above notification.

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