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

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

1. Basic facts

A. The Defendant is a housing reconstruction and rearrangement project association which has obtained authorization to establish an association on August 17, 2009 in order to implement a housing reconstruction and rearrangement project in which Seodaemun-gu Seoul Metropolitan Government Project District is a project implementation district (hereinafter “instant project implementation district”).

B. The Plaintiff is the owner of a residential building of 1st floor (17) 72.83 square meters, (18), 1.22 square meters, (19), 6.49 square meters, (20), 0.76 square meters, 113.60 square meters, and 19.15 square meters of underground floor (hereinafter “the instant building”) among the status of the building without permission attached to the attached Table on the land attached to Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul, the public land within the instant project implementation district (hereinafter “the instant building”).

C. On May 8, 2018, the Plaintiff completed the registration of ownership transfer based on sale on February 13, 2018 with respect to “Seoul Seo-gu E large 26 square meters and H large 5 square meters (hereinafter “instant land”).

Article 9(1) of the Defendant’s articles of association provides that “The owner of a building who occupies State-owned or public land shall secure the ownership of State-owned or public land and submit certain documents to the Association to become a partner.”

On March 26, 2017, at an ordinary meeting for the formulation of a management and disposal plan (hereinafter referred to as “instant general meeting”), the Defendant passed a resolution to recognize the status of union members when the ownership of state-owned or public land possessed by the building owner prior to the approval of parcelling-out even after the approval of the management and disposal plan was granted. The Defendant prepared a management and disposal plan and obtained authorization from the head of Seodaemun-gu on September 25, 2017.

E. The Defendant did not recognize the Plaintiff’s membership on the ground that the Plaintiff owned only the instant building and did not own the relevant site until March 26, 2017, which was the date of the instant general assembly.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 7 to 9, 12 to 14, Eul evidence 1 and 2 (including the number of pages) respectively.