재결신청청구 거부처분 취소
All appeals by the defendant against the plaintiffs are dismissed.
Expenses for appeal shall be borne by the defendant.
purport, purport, and.
1. The summary of the case and the facts premised on the case
A. The summary of the case is the case where the plaintiffs holding land, etc. in the housing redevelopment improvement project zone under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”) seek revocation of the rejection of the application for adjudication on the ground that the defendant rejected the application without justifiable grounds, even though the plaintiffs did not apply for parcelling-out or requested consultation on settlement money as a person subject to cash settlement by withdrawing the application for parcelling-out, but failed to reach an agreement.
The first instance judgment accepted all the plaintiffs' claims on the ground that the defendant's rejection of the plaintiffs' petition for adjudication of acceptance was illegal, and the defendant appealed against this.
[Attachment 1]
B. The premise factual basis of the premise 【Evidence 1, 2, 3, 5, 5, 6, 7-1 through 12, 12, and 7-1, and the purport of the entire pleadings. (i) The parties concerned are the owners of the land, etc. in attached Form 2, belonging to the district of housing redevelopment improvement project implemented by the Defendant, and the Defendant is the partnership established on November 20, 206 for the purpose of the housing redevelopment improvement project, the project district of which is the Seoul Yangcheon-gu N-gu, Seoul.
⑵ 원고들의 현금청산자의 지위 취득 ㈎ 피고는 2009. 12. 18. 양천구청장으로부터 주택재개발 사업시행인가를 받았고, 이는 2009. 12. 21. 고시(서울특별시 양천구 고시 P)되었다.
㈏ 원고들은 피고가 정한 2회의 분양신청기간(2010. 9. 8. ~ 2010. 11. 6.와 2010. 11. 9. ~ 2010. 11. 28.)에 분양신청을 하지 않았거나 분양신청기간이 지나기 전에 분양신청을 철회하였다.
㈐ 피고는 토지소유자들의 분양신청내역을 기초로 2011. 11. 15. 양천구청장으로부터 관리처분계획을 인가받았다
November 21, 201, Yangcheon-gu Seoul Metropolitan Government Public Notice of the Yangcheon-gu Seoul Metropolitan Government(O).