분양신청서수리거부처분취소의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Defendant is a housing reconstruction and rearrangement project association that obtained authorization for establishment from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “the head of Songpa-gu”) on July 10, 2015 for the purpose of implementing a housing reconstruction and rearrangement project by making the building area of 112,558.50 square meters in Songpa-gu Seoul Metropolitan Government as a project implementation district.
The plaintiff is a person who has owned B Apartment No. 4 and 505 in the above business zone.
B. On September 27, 2017, the Defendant issued an order to implement a project by the head of Songpa-gu and notified the members of the application period for parcelling-out to determine the period from October 6, 2017 to November 4, 2017.
C. On November 6, 2017, the Plaintiff: (a) filed an application with the Defendant for the application for parcelling-out of two houses (84 square meters for exclusive use, 59 square meters); (b) the Defendant refused to repair the said application for parcelling-out on the ground that the period for application for parcelling-out expires
(hereinafter referred to as “instant disposition”). [The grounds for recognition] The fact that there is no dispute, entry of Gap’s 1 through 4, and Eul’s 1 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. Article 161 of the Civil Act provides that, if the last day of the period falls on a Saturday or a holiday, the said period shall expire on the following day. The Defendant: (a) notified the expiration date of the period for application for parcelling-out on November 4, 2017; (b) however, on November 4, 2017, it is Saturday, and thus, in accordance with the foregoing Civil Act, the expiration date of the period for application for parcelling-out shall be deemed to be November 6, 2017, which is the first day of the following week (hereinafter referred to as “instant Chapter”).
(2) From October 24, 2017 to October 28, 2017, the Plaintiff returned home and received hospitalized treatment at the Seoul Asan Hospital for five days, and performed medical treatment. During the period for application for parcelling-out, the Plaintiff trusted the provisions of the Civil Act and applied for parcelling-out on November 6, 2017.
The plaintiff does not apply for parcelling-out until November 4, 2017 due to such inevitable circumstances.