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(영문) 서울행정법원 2019.07.12 2018구합76316

분양자격확인

Text

1. It is confirmed that the Plaintiff is a partner or apartment purchaser of the housing redevelopment improvement project implemented by the Defendant.

2...

Reasons

1. Details of the disposition;

A. The defendant is the Housing Redevelopment and Improvement Project Association established for the purpose of implementing the Housing Redevelopment and Improvement Project of Dongdaemun-gu Seoul Metropolitan Government Housing Redevelopment (hereinafter “instant project”).

B. On June 12, 2008, the Plaintiff and wife D completed the registration of ownership transfer with respect to each of 1/2 shares of Dongdaemun-gu Seoul, Dongdaemun-gu E-3 square meters, a land within the instant business zone, and the Plaintiff became the representative partner.

C. The Defendant obtained authorization to establish an association from the head of Dongdaemun-gu on December 1, 2008, and obtained authorization to implement the instant project on March 11, 2010.

The defendant shall set the period for application for parcelling-out from February 22, 2016 to the same year.

5. The plaintiff filed an application for parcelling-out within the above period, and the plaintiff filed an application for parcelling-out within the period.

E. On March 24, 2017, the Defendant established a management and disposal plan that included the Plaintiff in the person subject to purchase of a partner apartment and obtained authorization from the head of Dongdaemun-gu.

F. The Defendant confirmed the eligibility of the entire buyers including the Plaintiff to be sold to the relevant agencies, such as the Ministry of Land, Infrastructure and Transport, and the Ministry of Land, Infrastructure and Transport notified the Plaintiff that the Plaintiff is excluded from the buyers on the ground that the Plaintiff owned a house within the mandatory period for the household to which the Plaintiff belongs (the date of completion of construction from March 11, 2010 to the date of completion of construction) under Article 3 of the Addenda of the former Seoul Special Metropolitan City Ordinance on Urban and Residential Environment Improvement (Seoul Special Metropolitan City Ordinance No. 5007) and Articles 27 and 28 of the former Seoul Special Metropolitan City Ordinance on Urban and Residential Environment Improvement (wholly amended by July 15, 2010; hereinafter “former Seoul Special Metropolitan City Ordinance on Urban Improvement”).

G. Accordingly, the Defendant excluded the Plaintiff from the seller.

[Ground of recognition] Facts without dispute, Gap 1, 2, 11 evidence, Eul 3 evidence, the purport of the whole pleadings

2. Articles 27 and 28 of the former Seoul Special Metropolitan City Ordinance on Urban Improvement shall apply to the gist of the Plaintiff’s assertion.