분양권청구
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013)
c. The term “former Urban Improvement Act” (hereinafter referred to as “former Urban Improvement Act”).
Article 19(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “When two or more persons own one piece of land or building and superficies belong to two or more persons, they shall be distributed and used in a balanced manner by comprehensively considering the size, use status, environment, and other matters of the previous land or building,” and Article 48(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “If one household or one person owns one house or one piece of land, one house shall be supplied, and if two or more persons who do not belong to the same household own one house or one piece of land, only one house shall be supplied,” subparagraph 7(a) provides that “where a City/Do municipal ordinance separately provides for the supply of housing, housing may be supplied as prescribed by the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.”
Article 52 (1) 3 of the Act provides for the methods and standards for management and disposal, and sells multi-family housing to the owners of land, etc., excluding persons with superficies, but where selling multi-family housing, the owners of land, etc. who do not meet the standards for the scale, acquisition or type prescribed by