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(영문) 서울행정법원 2017.06.09 2016구합66254
조합원지위확인
Text

1. Ascertainment that the Plaintiff is the Defendant’s member.

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

Reasons

Basic Facts

The Defendant is the association established on February 25, 2009 to implement a housing redevelopment project with the housing redevelopment project district of Eunpyeong-gu Seoul Metropolitan Government 270 square meters and 43,938 square meters, and the Plaintiff is the owner of the land, etc. who completed the registration of ownership transfer on August 3, 2005 regarding the housing units of Eunpyeong-gu Seoul Metropolitan Government D and 201 in the project implementation district of this case.

On March 29, 2010, the Plaintiff resided in Eunpyeong-gu Seoul E apartment and 3 Dong 202 (hereinafter “former address”) and transferred to the F apartment and 1704 Dong 304 (hereinafter “new address”) on August 28, 2015.

On October 14, 2015, the Defendant publicly announced the application period for parcelling-out to its members for parcelling-out (hereinafter referred to as “instant application for parcelling-out”), setting the period from October 19 to November 18, 2015, and sent the notice of application for parcelling-out to the former address on October 14, 2015.

However, the above notice was returned on October 20, 2015, and the defendant sent the above notice by regular mail pursuant to the articles of incorporation.

On November 13, 2015, the Defendant publicly announced the period for application for parcelling-out in this case from November 19, 201 to November 30, 2015. On November 13, 2015, the Defendant sent a written guidance for extension of application for parcelling-out to the Plaintiff’s former address by registered mail.

However, the above notice was returned on November 20, 2015, and the defendant sent the above notice by regular mail in accordance with the articles of incorporation.

The defendant classified the plaintiff who did not apply for the sale within the period for the application for parcelling-out of this case as a person subject to cash settlement, and formulated a management and disposal plan (draft).

The main contents of the defendant's articles of incorporation relating to this case are as follows.

(1) A cooperative shall faithfully notify and publicly announce matters concerning the rights and obligations of its members (including changes; hereinafter the same shall apply) to its members and interested parties.

(2) Methods of notification and announcement under paragraph (1) shall be separately prescribed in the articles of association.

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