CONTENTS
- 1. The Reason for Requesting a Mokpo Attorney Consultation
- - Mokpo Attorney Consultation: The Association's Ground for Loss of Status Was Not Appropriate
- - After the Mokpo Attorney Consultation, the Decision to Proceed with the Suit Confirming Union Member Status
- - Understanding the Lawsuit Confirming Union Member Status Through a Mokpo Attorney Consultation
- 2. Mokpo Attorney Consultation: The Divorced Spouse Changed the Head of Household Without Authorization
- - Mokpo Attorney Consultation: Emphasizing That the Plaintiff Was Not Even Aware of the Change of Head of Household
- - Mokpo Attorney Consultation: Revealing That, in the Process of Changing the Head of Household, a Third Party Used the Plaintiff's Seal and Other Items Without Authorization
- 3. As a Result of the Mokpo Attorney Consultation, the Plaintiff's Union Member Status Was Recognized
1. The Reason for Requesting a Mokpo Attorney Consultation
The client who requested a Mokpo attorney consultation stated that the client had been notified by the association of the loss of status in a somewhat unjust manner.
During the Mokpo attorney consultation, the client explained that the status had been lost because the divorced former spouse had changed the head of household without authorization.
After the Mokpo attorney consultation, the client decided to entrust the lawsuit confirming union member status to the Mokpo office of Daeryun LLC.
Mokpo Attorney Consultation: The Association's Ground for Loss of Status Was Not Appropriate
In the consultation with the client, the Mokpo attorney confirmed that the association's ground for loss of status was not lawful. Because it did not fall under the grounds for departure of the head of household provided by the Housing Act, the Mokpo attorney consultation decided to emphasize this point and proceed with the lawsuit confirming union member status.
After the Mokpo Attorney Consultation, the Decision to Proceed with the Suit Confirming Union Member Status
Having decided after the Mokpo attorney consultation to proceed with the suit confirming union member status, the client requested that a way be found to prove that the client had confirmed the spouse's unilateral change of head of household only after the divorce became final.
For this purpose, it was necessary to confirm a number of factors to be considered, such as the time at which the change of head of household was discovered, the period of departure of the head of household, and the date of the association's notification.
Understanding the Lawsuit Confirming Union Member Status Through a Mokpo Attorney Consultation
Let us examine the lawsuit confirming union member status through a Mokpo attorney consultation.
First, a lawsuit confirming union member status is a lawsuit filed against an association by a person whose member status the association denies or unjustly fails to recognize, in order to establish that the person is a legitimate member.
In addition, where a person has temporarily lost the qualification of head of household for unavoidable reasons such as employment, medical treatment, study abroad, or marriage, the person is deemed to retain member qualification if the mayor, county head, or district head so recognizes.
As a result of the Mokpo attorney consultation, the lawsuit was conducted with emphasis on the above points.
Statutes Related to the Lawsuit Confirming Union Member Status
Act on the Improvement of Urban Areas and Residential Environments, Article 39 (Qualification of Members, etc.) ① A member of a rearrangement project under Article 25 (where the project implementer is a trust business entity, this refers to the truster; the same shall apply hereinafter in this Article) shall be a landowner, etc. (in the case of a reconstruction project, only a person who has consented to the reconstruction project), provided that, where any of the following subparagraphs applies, one person representing the several persons shall be deemed a member. However, where a person acquires land or a building owned by a public institution that relocates pursuant to a policy for promoting the relocation of public institutions to local areas and the revitalization of innovation cities under Article 25 of the Special Act on Balanced National Development and Decentralization, the acquirer (in the case of co-ownership, one representative) shall be deemed a member.
1. Where ownership of land or a building and a surface right belong to the co-ownership of several persons
2. Where several landowners, etc. belong to one household. In this case, a spouse and unmarried lineal descendants under 19 years of age who are not registered on the same resident registration record by household shall be deemed one household, and even where several landowners, etc. constituting one household separate their households after the authorization of the establishment of the association and no longer belong to the same household, they shall be deemed one household, except in cases of divorce and the separation of a child aged 19 or older (limited to cases where the resident registration by household is different and the actual place of residence has been separated).
3. Where, after the authorization of the establishment of the association (where a trust business entity is designated as the project implementer pursuant to Article 27 (1) 3 before the authorization of the establishment of the association, this refers to such designation; the same shall apply hereinafter in this Article), several persons come to own land or a building by acquiring the ownership or surface right thereof from one landowner, etc.
② Where a reconstruction project is implemented in an area designated as a speculative overheating zone under Article 63 (1) of the Housing Act (hereinafter referred to as a "speculative overheating zone"), a person who, after the authorization of the establishment of the association, acquires a building or land of the relevant rearrangement project, or, where a redevelopment project is implemented, after the authorization of the management and disposal plan under Article 74, acquires such (including sale, gift, and all other acts accompanying a change of rights, but excluding acquisition through inheritance or divorce; the same shall apply hereinafter in this Article) may not, notwithstanding paragraph (1), become a member. However, where the transferor falls under any of the following subparagraphs, a person who acquires the building or land from the transferor shall not be subject thereto.
1. Where, due to the work-related or business-related circumstances of a household member (a member of the household to which the head of household belongs; the same shall apply hereinafter in this Article), or due to medical treatment (limited to cases where the head of a medical institution under Article 3 of the Medical Service Act recognizes that treatment or recuperation of one year or more is necessary), schooling, or marriage, all household members relocate to a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, city, or county not located within the relevant project zone
2. Where all household members relocate to a house acquired through inheritance
3. Where all household members emigrate abroad or all household members intend to stay abroad for two years or more
4. Where a single household (referring to a household belonging to one household under paragraph (1) 2) with one house has held ownership and resided for a period equal to or longer than the period prescribed by Presidential Decree with respect to the house being transferred
5. Where a person intends to co-own a building or land with the Korea Land and Housing Corporation, etc. in order to be supplied with an equity-type house under Article 80
6. Where a person intends to transfer a building or land to a public redevelopment project implementer that intends to acquire it for the purpose of public rental housing, the supply of public sale housing under the Special Act on Public Housing, or a project prescribed by Presidential Decree
7. Other cases where the transfer is made for unavoidable circumstances, as prescribed by Presidential Decree
③ Where a person cannot acquire member qualification under the main text of the part other than the subparagraphs of paragraph (2), the project implementer shall provide compensation for losses to the person who has acquired the land, building, or other rights of the rearrangement project, by applying Article 73 mutatis mutandis.
2. Mokpo Attorney Consultation: The Divorced Spouse Changed the Head of Household Without Authorization
Through careful consultation with the client, Daeryun Law Firm formed a team of attorneys consisting of several professionals with extensive experience in cases confirming union member status.
The Daeryun attorney team argued that the ground for loss of status asserted by the association was not lawful.
Mokpo Attorney Consultation: Emphasizing That the Plaintiff Was Not Even Aware of the Change of Head of Household
In the Mokpo attorney consultation, it was argued that the plaintiff was not aware of the change of head of household and that a third party had changed the head of household without the plaintiff's knowledge, so that this did not fall under the grounds for departure of the head of household provided by the Housing Act.
Mokpo Attorney Consultation: Revealing That, in the Process of Changing the Head of Household, a Third Party Used the Plaintiff's Seal and Other Items Without Authorization
Through the Mokpo attorney consultation, it was emphasized that it had been confirmed that, in the process of changing the head of household, a third party had used the plaintiff's seal and other items without authorization.
3. As a Result of the Mokpo Attorney Consultation, the Plaintiff's Union Member Status Was Recognized
The court accepted the arguments of the Daeryun Law Firm attorney and rendered a judgment stating, "It is confirmed that the plaintiff holds the status of a member of the defendant."
As a result of working with Daeryun from the Mokpo attorney consultation through the litigation, the client was able to have the union member status recognized.
Daeryun Law Firm organizes a performance team composed of numerous legal professionals to maximize expertise, and it works on entrusted cases through Daeryun's own litigation system, which has been built on the basis of resolved cases.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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