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(영문) 서울고등법원 2012.09.19 2011누42699

재개발조합설립인가처분취소

Text

1. Revocation of a judgment of the first instance;

2. On November 19, 2010, the Defendant is a district housing redevelopment and consolidation project association.

Reasons

. It is calculated as one owner of land, etc. (1) one owner of land, etc., (2) BH BG land No. 262 and two consenters (2) one owner of land, etc., (1) one owner of land, etc., HIB BJ building No. 3972, and two consenters (1) two owners of land, etc., 41386 IJJ building consent No. 41386, 2 owners of land, etc., 1387, 1387, 1387, 138, 2 owners of land, etc., 929, 1, 2, 1, 2, 1, 2, 1, 2, 3, 1, 1, 6, 1, 6, 1, 6, 1, 61, 1, 610, 1, 2, 3, 61, 1, 3, 6, 1, 6, 1, m.

In addition, according to subparagraph 1 (a) of the same paragraph, when one parcel of land or one building belongs to the co-ownership of several persons, one representative of such several persons shall be calculated as the owner of the land, etc. Therefore, when the same co-owner owns different parcel of land or building, only one of such co-owners shall be calculated as the owner of the land, etc. regardless of the number of real estate (see Supreme Court Decision 2009Du15852, Jan. 14, 2010). (3) [Attachment 2] concerning each co-owned land as stated in [Attachment 2].