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(영문) 서울고등법원 2020.11.05 2019누55929

분양권확인 등

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Details of the disposition;

A. The Defendant is the Housing Redevelopment and Improvement Project Association established with the approval of establishment from the head of Mapo-gu Seoul Metropolitan Government (hereinafter “the head of Mapo-gu”) on March 19, 2009 to implement a housing redevelopment project within Mapo-gu Seoul Metropolitan Government D (hereinafter “instant project zone”).

B. On November 29, 2003, Plaintiff A purchased land in the instant project area, Seoul Mapo-gu E-6 square meters, and Plaintiff B purchased a F-56 square meters and completed the registration of transfer of ownership on December 29, 2003.

The plaintiffs purchased a multi-family house on the ground of the above land (hereinafter referred to as the "multi-family house in this case") on November 29, 2003 and completed the registration of ownership transfer in the name of the plaintiff A, 3/4 shares on December 29, 2003.

C. The Defendant received the first authorization for project implementation from the head of Mapo-gu on June 5, 2014, and from its members, the same year from July 30, 2014

9. The first application for parcelling-out to May, and the same year from September 6, 2014;

9. A management and disposition plan was formulated on the basis of the status of the first application for parcelling-out after receiving the second application for parcelling-out (hereinafter referred to as "first and second applications for parcelling-out") until December 25, 200, and was approved on December 24, 2015.

(hereinafter referred to as the “Initial Management and Disposal Plan”). D.

The defendant, on June 15, 2017, when the authorization for the change of the project implementation was publicly announced G in Mapo-gu Seoul Metropolitan Government on June 15, 2017, in order to revise the initial management and disposition plan based thereon, the defendant from June 19,

7. An association member has received the application for parcelling-out (hereinafter referred to as the “application for parcelling-out”).

E. On February 28, 2018, the Defendant was authorized by the head of Mapo-gu to revise the management and disposal plan formulated to sell a total of one household house to the Plaintiffs, and the head of Mapo-gu publicly announced on March 8, 2018 by the head of Mapo-gu.

(hereinafter referred to as “instant management and disposition plan”). [Grounds for recognition] There is no dispute, and Gap’s subparagraphs 1 through 5, 9, 11, and 1.