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(영문) 광주지방법원 2014.07.03 2013구합2990

분양권확인

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The defendant is the implementer of the housing redevelopment improvement project (hereinafter referred to as the "project in this case") promoted within 31,932 square meters in Gwangju-gu, Seo-gu (hereinafter referred to as the "project site in this case") designated as a housing redevelopment improvement zone pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act").

The Plaintiff is the Plaintiff’s member, as the owner of the land located in the instant project site (D large 208 square meters in Seo-gu) and its ground (hereinafter referred to as “instant land, etc.”).

B. On March 5, 2012, the Defendant obtained authorization for the implementation of the instant management and disposition plan with the content of constructing an apartment of 536 households in total (hereinafter “instant apartment”) with eight (8) Dong (2) (16-20 floors underground and 16-20 floors) as follows, received the application for parcelling-out from the association members, and subsequently passed an application for parcelling-out from the association members, on July 7, 2012, the Defendant held a general meeting of the association members and resolved on the management and disposition plan, followed the procedure for public inspection of the management and disposition plan from July 10, 201 to August 13, 2012, and obtained authorization for the management and disposition plan on December 26, 2012.

Sale in lots, 39-342, 52, 377-47-59-7 59.601, 84A-84B-84, 84.94C-84, 84.97-84C-84, 111.64, 111.87-157 11.74, 114.974-74, 114.3914B- 1142, 114-34, 114-34, 114-34, 114-74, 114-398, 150-372, 150-372, 156, 154-72

C. On April 13, 2012, the Plaintiff filed an application for parcelling-out with the Defendant on April 13, 2012, within the period for filing applications for parcelling-out with the 114B-type one household among the instant apartment buildings, and additionally filed an application for parcelling-out with the Defendant.

However, the contents of the authorized management and disposal plan against the plaintiff are within the scope of 423,578,973 won calculated based on the appraised value of the land, etc. of this case as of the date of authorization for project implementation, among the two households of apartment complexes for which the plaintiff applied for sale.