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(영문) 서울동부지방법원 2015.06.05 2014나23265

손해배상

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the following relevant Acts and subordinate statutes are added to Chapter 7 of the judgment of the court of first instance. Thus, the court's explanation on this part is citing it according to the main text of Article 420

The definitions of terms used in this Ordinance under Article 2 (Definitions) of the Seoul Special Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (Amended by Ordinance No. 4601, Dec. 26, 2007) shall be as follows: Article 2 of the Act on the Improvement of Urban and Residential Environments (hereinafter referred to as the "Act"); and the definitions of terms shall be as follows:

3. The term "base date of management and disposal plan" means the date on which the period for application for parcelling-out referred to in Article 46 (1) of the Act expires; and

The management and disposal plan for the housing redevelopment project and the urban environment rearrangement project under Article 48 (1) of the Act shall be formulated in conformity with the standards falling under each of the following subparagraphs:

(b)

4. Ownership of previous land, etc. shall be governed by the real estate register (in cases of a conversion of the project implementation method, the estimated implementer for replotting);

Provided, That in cases of an existing unauthorized building, it shall be based on the existing unauthorized building confirmation center issued by the head of the Gu or the head of the Dong, or other materials proving the owner.

(1) Persons eligible for parcelling-out of collective housing constructed by a housing redevelopment project under Article 52 (1) 3 of the Enforcement Decree of the Act on the Maintenance of Urban and Residential Environments (hereinafter referred to as the "Decree") shall be the owners of lands, etc. falling under any of the following subparagraphs as of the base date of management and disposal plans:

1. A person who owns a house (including an existing unauthorized building and a building actually used for residence) among the previous buildings;

2. The total area of previous land owned by the applicant for parcelling-out shall be the Seoul Metropolitan Government Building Ordinance;