분양권 확인
1. The plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. We examine the lawfulness of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
The plaintiffs claim that each party has the right to sell multi-family housing newly constructed according to the redevelopment project implemented by the defendant, and seek confirmation thereon.
However, in cases where the owners of lands, etc. who wish to acquire the right to parcel out land or constructed facilities do not have the right to parcel out lots, and the partnership did not exclude the parcel out applications under the management and disposal plan or determine the parcel out recipients who want to parcel out lots, it cannot be deemed that the specific right to parcel out directly arises to the owners of lands, etc., and it is not permissible to immediately seek confirmation of the parcel out right against the partnership
(See Supreme Court en banc Decision 94Da31235 delivered on February 15, 1996). However, since the plaintiffs asserted that they were the sole buyers for the defendant, but the fact that they did not apply for parcelling-out within the period of application for parcelling-out does not conflict between the parties and the defendant established a management and disposal plan to jointly sell the plaintiffs, the issue is whether the plaintiffs are the sole buyers is determined by the management and disposal plan, the plaintiffs do not dispute the management and disposal plan and there is no benefit to seek confirmation of the right to parcel-out as a party suit under public law, and therefore, the lawsuit
2. Additional Determination - Whether the Plaintiffs are sole buyers or not
(a) In cases of a housing redevelopment project, Articles 2 subparagraph 9 (a), 19 (1), 48 (2) 6 and (7) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Article 52 (1) of the Enforcement Decree of the same Act shall be the owners of lands, etc. (the owners of lands or structures located within the rearrangement zone or persons with superficies) as members of the housing redevelopment and consolidation project