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(영문) 서울행정법원 2016.10.14 2016구합52293

분양대상자 지위 확인 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was established for a housing reconstruction project in Dongjak-gu Seoul Metropolitan Government C (hereinafter “instant project zone”) and was authorized by the head of Dongjak-gu Seoul Metropolitan Government on August 12, 2010 by the head of Dongjak-gu.

B. Meanwhile, on November 17, 1993, the Plaintiff completed the registration of joint ownership of 10.7/34 of the Dongjak-gu Seoul Metropolitan Government D-122 square meters (hereinafter “instant land”). (The father E of the Plaintiff completed the registration of joint ownership of 13.6/34 of the instant land, 1979 and 9.7/34 of June 1, 1994, among the instant land) and on May 10, 1995, 1/2 of the building newly constructed on the instant land and F, G, and H ground (hereinafter “instant building”).

(E) On the same day, the registration of ownership preservation for one-half portion has been completed with the Plaintiff.

On February 13, 2009, the Plaintiff drafted a “written consent to the appointment of representative partners” (No. 4-1) with the content that the Plaintiff consented to the appointment of E as representative partners.

E Deceased on June 5, 2009, and the Plaintiff’s mother, the Plaintiff’s mother, completed the registration of ownership transfer on December 30, 2009, on the grounds of inheritance by agreement and division.

E. On March 14, 2012, I applied for parcelling-out to the defendant association. The plaintiff applied for parcelling-out around that time, but the defendant applied for parcelling-out on October 23, 2012. The defendant completed a general meeting resolution on a management and disposition plan that did not sell the plaintiff (hereinafter referred to as "the part of the management and disposition plan of this case") and obtained authorization from the head of Dongjak-gu Seoul Metropolitan Government head of the Gu on May 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 4, 5, and 7, the purport of the whole pleadings

2. Attached Form 2 of relevant Acts and subordinate statutes;