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(영문) 서울행정법원 2017.09.01 2017구합1063
조합원지위 확인
Text

1. The Defendant’s management and disposition plan approved by the head of Seodaemun-gu Seoul Metropolitan Government on June 30, 2016, is the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and consolidation project association established with the approval of establishment from the head of Seodaemun-gu Seoul Metropolitan Government on April 29, 2008 to implement a housing redevelopment and rearrangement project by making the Seodaemun-gu Seoul Metropolitan Government 77,839.50 square meters as a rearrangement zone.

B. On October 20, 2009, the Plaintiff applied for the parcelling-gu Seoul Western apartment in Seoul located in the Defendant’s rearrangement zone, and on October 20, 2009, the Defendant applied for the parcelling-gu apartment.

C. The Defendant established a management and disposal plan based on the application for parcelling-out by its members, and received the approval of the management and disposal plan from the head of Seodaemun-gu Seoul Metropolitan Government on June 22, 2011

(hereinafter referred to as “previous management and disposition plan”). D.

On December 27, 2013, the Defendant: (a) obtained authorization to revise the project implementation plan (hereinafter “instant project implementation change plan”); (b) announced that the Defendant would receive an application for re-sale from the entire members for thirty (30) days from March 17, 2014 to April 15, 2014; and (c) notified its members of the notification on the application for re-sale.

E. The Defendant, on the ground that the Plaintiff did not file an application for change during the period of filing an application for change of the usual form, formulated a management and disposal plan by deeming the Plaintiff as a person subject to cash settlement. On June 30, 2016, the Defendant received the approval from the head of Seodaemun-gu Seoul Metropolitan Government

(hereinafter referred to as “instant management and disposition plan”). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 5 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Whether the management and disposal plan of this case is legitimate

A. The notice of an application for alteration of the grade (sale) to which the alleged defendant sent the plaintiff with regard to the application for alteration of the grade (sale) shall be given to the plaintiff, and the association members who did not apply for parcelling-out shall assign a balanced type close to the existing application for parcelling-out.

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