beta
(영문) 광주고등법원 2015.01.22 2014누5735

분양권확인

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the executor of a housing redevelopment improvement project (hereinafter “instant project”) promoted in the Seo-gu Seoul Special Metropolitan City, Seo-gu Seoul Special Metropolitan City, which was designated as a housing redevelopment improvement zone pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Plaintiff is the Plaintiff’s member, who is the owner of the land in the instant project site (D. D. 208 square meters in Seo-gu and its ground (hereinafter “instant land, etc.”).

Sale in lots, 39-342, 52, 377-47-59-7 59.601, 84A-84B-84, 84.94C-84, 84.97-84C-84, 111.64, 111.87-157 11.74, 114.974-74, 114.3914B- 1142, 114-34, 114-34, 114-34, 114-74, 114-398, 150-372, 150-372, 156, 154-72

C. On March 5, 2012, the Defendant obtained authorization for the instant project implementation with the content that an apartment building of 536 households (hereinafter “instant apartment”) consisting of 8 Dongs (the underground second floor, 16-20 floors) was built as follows.

On March 13, 2012, the Defendant publicly announced the period for application for parcelling-out to its members from March 13, 2012 to April 13, 2012. On April 13, 2012, the Plaintiff issued an additional application for parcelling-out to a 59-class one household when applying for parcelling-out to the 114B-type one household among the instant apartment units. On June 7, 2012, the Defendant issued an additional application for parcelling-out to the Defendant for parcelling-out to the 114B-type one household. On June 7, 2012, the value of the right calculated based on the appraised value of the instant land, etc. as of the date of project implementation authorization is KRW 423,578,973, and the Defendant allocated only 114B-type one household (the expected parcelling-out price is KRW 328,963,194), and the difference is 94,615,79 won to be paid as a management plan (payment).

E. On July 7, 2012, the Defendant holds a general meeting of partners and a general meeting of management and disposal.