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(영문) 서울중앙지방법원 2019.08.23 2018가단5182521

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is a rearrangement zone (hereinafter “instant rearrangement zone”) with a size of 33,593 square meters in the land of Dongjak-gu Seoul Metropolitan Government.

(2) In order to implement a housing reconstruction project, on August 12, 2010, the head of Dongjak-gu Seoul Metropolitan Government obtained authorization for the establishment on August 13, 2010 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Dwelling Conditions for Residents, and the head of Dongjak-gu Seoul Metropolitan Government (hereinafter “instant building”) completed the registration of transfer of ownership on July 12, 2004 with respect to the whole shares as part of the above shares sold to I on the same day.

Since August 8, 2014, I completed the registration of ownership transfer for the defendant on the ground of sale on the above building.

B. 1) On September 20, 2012, J, the owner of land, etc. in the instant rearrangement zone, consented to the dissolution of the Plaintiff, and the majority of the owners of land, etc. in the instant rearrangement zone, including himself/herself, filed an application for revocation of the Plaintiff’s authorization to establish the association. On November 29, 2012, J again submitted to the head of Dongjak-gu Seoul Metropolitan Government, 120 association dissolution consent, and the said 120 association dissolution consent is included in the said 120 association dissolution consent. 2) The head of Dongjak-gu Seoul Metropolitan Government head of Dongjak-gu, the head of Dongjak-gu, the Plaintiff agreed to the Plaintiff’s dissolution among the owners of land, etc. on November 30, 2012, and revoked the Plaintiff’s authorization to establish the association based on Article 16-2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11580, Dec. 18, 2012).

(hereinafter “instant disposition”). 3 The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas.