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(영문) 서울행정법원 2018.09.14 2017구합2240
조합원지위확인 등
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

Basic Facts

The Defendant Cooperative was established to implement a housing redevelopment project (hereinafter “instant project”) in Seongdong-gu Seoul Metropolitan Government 24,796 square meters, and was authorized to establish an association by the head of the Defendant on September 8, 2004.

On March 16, 2006, the Defendant publicly announced the authorization to implement the instant project, and publicly announced the authorization to implement the management and disposal plan on June 28, 2007, and the authorization to revise the management and disposal plan on January 26, 2017, respectively.

(2) On the other hand, on November 24, 2016, the Plaintiff, the owner of the 101st floor (85.8 square meters in the building area, 46.28 square meters in the site area, 76.08 square meters in the building area, 33.05 square meters in the site area) among the above shopping districts and multi-households located within the instant project zone, filed an application for adjudication on the expropriation of the Plaintiff’s land as a member of the Plaintiff, who was the owner of the 101st floor (10 square meters in the building area, 85.8 square meters in the building area, 46.28 square meters in the building area) among the above shopping districts and multi-households, and the Plaintiff, the owner of the 76.08 square meters in the building area, and the 33.05 square meters in the site area, and filed an application for adjudication on the expropriation of the Plaintiff’s land (hereinafter “instant adjudication

[Ground of recognition] Under Articles 54(1), 54(2), and 55(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) against the Defendant Union as to the absence of dispute, Gap evidence Nos. 1, 2, 5, 7 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence Nos. 3 through 5, 8, and 9, and the purport of litigation as to the whole, the purport of litigation as to the whole shall be determined. According to Articles 54(1), (2), and 55(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017),

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