분양신청거부처분취소 청구
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. Grounds for the court’s explanation concerning this part of the grounds for appeal Nos. 4 and 5 of the judgment of the first instance
Inasmuch as the reasoning of the first instance judgment is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, other than adding “each entry” to the following, this shall be cited as it is in accordance with the reasoning of the first instance judgment.
2. Whether the instant disposition is lawful
A. (1) Article 47 subparagraph 1 of the Defendant’s articles of incorporation to revise the criteria for management and disposal plans by an unincorporated agency provides that “in principle, a newly built house shall be sold on the basis of the price/area of the previous land and buildings invested by a partner.” Since the Defendant can supply two houses in certain cases even in the written guidance for application for parcelling-out sent to the Plaintiffs, the Defendant determined the criteria for selling two houses in accordance with the articles of incorporation and received the application for parcelling-out.
Since this standard is in accordance with the defendant's articles of incorporation, a resolution of the general meeting is needed.
Nevertheless, the board of directors and the board of representatives of the defendant violated Article 24(3)10 and Article 25(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 35 subparag. 1 of the Enforcement Decree of the same Act by changing the standard of housing supply without authority after the expiration of the
(2) Although the management and disposal plan is established after the standards for application for parcelling-out have been established, including defects in the procedures for application for parcelling-out, the defendant revised the standards for application for parcelling-out and the management and disposal plan to supply only one house to the association members after the expiration of the period for application for parcelling-out.
The plaintiffs shall supply two houses to the plaintiffs, as they have applied for parcelling-out according to the information on application for parcelling-out sent by the defendant.
(3) The plaintiffs.