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(영문) 수원지방법원 2018.09.12 2018구합61995
주택재개발조합원지위확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment project partnership established on February 9, 201, established on February 9, 201 for the purpose of removing existing buildings of 5,956.1 square meter (hereinafter “project implementation district of this case”) in aggregate of the land size of D and 266 parcels of land, constructing new buildings on the ground, improving urban and residential environment, and contributing to the improvement of housing stability and the quality of residential life of its members.

B. The Plaintiff A’s domicile on the resident registration is E, F, and Plaintiff B’s domicile on the Plaintiff’s resident registration address is E, G, and all of the above addresses are included in the project implementation district of this case.

C. Meanwhile, Article 9 of the Defendant’s articles of association provides the following qualifications for membership.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or the persons with superficies thereof.

(2) The rights of ownership, superficies, etc. under paragraph (1) mean rights prescribed by the Civil Act.

However, if a building is an unauthorized building, the owner of the unauthorized building shall be recognized as a member only when it proves that the building is owned by the existing unauthorized building (unauthorized building constructed before January 24, 1989) prescribed by the Gyeonggi-do Ordinance on the Improvement of Urban and Residential Environments (hereinafter referred to as the "Ordinance").

(3) The standards for qualifications for existing unauthorized buildings and evidential documents for the recognition and verification thereof under paragraph (2) shall be limited to the following cases:

1. The issue of whether an existing unauthorized permit was confirmed by aerial photography on the side of the port, and only to the following cases: (a) the owner of an unauthorized building before January 24, 1989, who had been verified by aerial aerial photography on the surface of the port; and (b) the evidential documents of the right, are:

Receipt for property tax imposed on an unauthorized building (Provided, That the certificate of property tax shall be limited to that issued before January 24, 1989);

(b)on January 24, 1989.

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