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(영문) 서울행정법원 2019.08.16 2018구합7211
조합원지위확인청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant is a person who was a member of the Defendant, who was a redevelopment and consolidation project implementer established on December 8, 2008, in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) in the Dongdaemun-gu Seoul Metropolitan Government (Seoul Metropolitan Government 144,964.00 square meters as a project implementation district. The Plaintiff is a person who was the owner of the Dongdaemun-gu Seoul Metropolitan Government 96 square meters and its ground mentment and bricks and 52.9 square meters and 8.13 square meters in the underground room (hereinafter “each of the instant real estate”).

B. On February 17, 2016, the Defendant publicly announced the application period for parcelling-out of the instant project from February 23, 2016 to March 7, 2016.

In the process, the defendant sent the notice to the plaintiff on February 17, 2016 to the address of "Seoul Dongdaemun-gu D" by registered mail, and the above registered mail was not returned to the defendant.

C. On April 21, 2016, the Defendant issued a public announcement of the application for parcelling-out by extending the period of application for parcelling-out from April 22, 2016 to May 11, 2016.

In the process, on April 21, 2016, the defendant sent the notice for extension of application to the plaintiff by registered mail to the address of "Seoul Dongdaemun-gu, Seoul", the road name address of "Seoul Dongdaemun-gu", and the above registered mail was not returned to the defendant.

After that, the defendant excluded the plaintiff from the apartment purchaser of the project of this case on the ground that the plaintiff did not file an application for parcelling-out, and was authorized by the head of Dongdaemun-gu Seoul Metropolitan Government on March 24, 2017.

[Reasons for Recognition] Facts without dispute, entry in Eul's Evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion cannot be deemed to have lawfully performed the duty to notify the plaintiff of the application for parcelling-out of the project of this case.

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