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(영문) 서울고등법원 2012.04.20 2008나71683

분양행위무효확인

Text

1. The plaintiffs except L/L 11. L/L 17. R among the plaintiffs listed in the separate sheet of the plaintiff and the successor intervenor.

Reasons

1. The following facts may be acknowledged either as a dispute between the parties, or as a whole by taking into account the following facts: Gap evidence 1 through Gap evidence 17, Gap evidence 51, Gap evidence 78 through 80, Gap evidence 83 (including each number), Eul evidence 2 and 3-2, Eul evidence 4, Eul evidence 58 and 60, the head of Gangseo-gu Seoul Northernbuk-gu, the head of Dongdaemun-gu, the head of Dongdaemun-gu, the head of Dongdaemun-gu, the head of Dongdaemun-gu, the head of Jongno-gu, the head of Jongno-gu, the head of Jongno-gu, and the head of Jung-gu, the purport of all pleadings.

(1) The defendant is a corporation established by Seoul Special Metropolitan City for the purpose of developing and supplying housing sites, improving, supplying and managing houses pursuant to Article 49 of the Local Public Enterprises Act.

(2) The plaintiffs are those persons who respond to the compensation for consultation on their own buildings following the removal project of civil apartments, road construction project, public office building project, and park construction project that the head of the Seoul Special Metropolitan City from around 1997 to around 2003 entrusted to the head of the Gu, and each head of the Gu determines the special supply of national housing to the removal residents, etc. pursuant to the Seoul Special Supply Rules of National Housing (hereinafter “Special Supply Rules”), and are entitled to the right to move into the special housing supplied by the defendant.

Plaintiff

Applicable Acts and subordinate statutes presented by the head of the Gu to the title of the real estate project to be removed from the public notice date;

1. Paragraph (3) of Article 5 of the Enforcement Rule of the Act on Special Cases concerning the Acquisition of Land for Public Use and Compensation for Loss (Delegation to the head of Dobong-gu) of the Seoul Special Metropolitan City Mayor (Delegation to the head of Dobong-gu) of the Dobong-gu AB Apartment AD AD AC Apartment Relocation Mediation Project announced on November 1,

2. Article 88 of the National Land Planning and Utilization Act (Preparation, Authorization, etc. of Implementation Plan) of the Seoul Special Metropolitan City Mayor (Delegation to the head of Dongdaemun-gu) of the construction of roads between AE Dongdaemun-gu AF AG announced on January 5, 199;

3. D. D.