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(영문) 서울행정법원 2015.07.09 2015구합51101

총회결의무효확인 등

Text

1. The part of the claim for confirmation of the status of the buyer among the lawsuit in this case shall be dismissed.

2. The plaintiffs' remaining claims.

Reasons

1. Details of the disposition;

A. The defendant is the implementer of housing reconstruction improvement project implemented in the area of 96,964m2 in Gangnam-gu Seoul Metropolitan Government, and the plaintiffs are the owners of land, etc. in the project implementation district.

B. The Defendant’s establishment by resolution at an extraordinary general meeting held on November 30, 2014, and the main contents of the management and disposition plan authorized by the head of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant management and disposition plan”) on February 4, 2015 are as follows.

Article 4 (Standards for Sale Price and Sale of New Construction Buildings) (2) Standards for sale of apartment members

2. Where one household or one person under Article 19 (1) 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents owns one or more houses, one house shall be supplied, and where two or more persons who do not belong to the same household co-own one house, only one house shall be supplied;

5. Where one household or one person under subparagraph 2 owns two or more houses and appurtenant or welfare facilities, the aggregate value of rights to the houses and appurtenant or welfare facilities owned shall be the amount of rights of the relevant association members. In such cases, the calculation of charges shall be based on the aggregate value of rights.

Article 5 (Standards for Monthly Allocation of New Building and Method of Drawing Lots) (1) Standards for allocating new apartment units

6.Fences (84P-A 11 households, 84P-B three households, 141P 3 households, 175P 1 households, 182P1 households) among newly-built apartments shall be specially supplied in accordance with the application for parcelling-out, and the methods of supply shall be as follows:

(a) If there is a competition in accordance with the application for parcelling-out by the members, the value of rights shall be allocated in the order of high priority, and if there is a competition for the same value of rights

Article 15 (Other Matters not prescribed in the management and disposal plan shall be governed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Enforcement Decree, Enforcement Rule, Ordinance on the Improvement of Urban Areas and Residential Environments.

C. Meanwhile, on July 30, 2014, the Plaintiffs (hereinafter “instant housing”) purchased a house for 182P (pentry) against the Defendant (hereinafter “instant house”).