logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2012.04.27 2011가합4001
부동산매도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff removed previous buildings on the ground of 19,468.90 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, including each real estate listed in the separate sheet (hereinafter “the instant real estate”), and obtained authorization for the establishment from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “the head of Seodaemun-gu”) on October 8, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of carrying out a new housing reconstruction project that newly constructs multi-family housing, etc., and completed the registration of establishment on November 6 of the same year. The Defendants shared the instant 1 and 2 real estate with E and F with each of 1/4 shares. Defendant B owned the instant 3 real estate, and Defendant C owned the instant 4 real estate, respectively.

B. The owners of lands, etc. in the area where the Plaintiff’s housing reconstruction project implemented, including the Defendants, filed a lawsuit seeking confirmation of invalidity of the establishment of the Plaintiff against the Plaintiff on September 3, 2009 by this court 2008Gahap16530, and the Plaintiff was declared null and void on September 3, 2009. However, the appellate court revoked the first instance judgment on the grounds that in order to dispute the validity of the establishment of the Plaintiff on January 7, 2010, the Seoul High Court 2009Na88442, which was the appellate court, and ordered to transfer the case to the Seoul Administrative Court on the ground that the revocation or invalidity of the establishment of the Plaintiff’s housing reconstruction project should be sought as an administrative litigation. The transferred case was withdrawn in the course of proceeding with the Seoul Administrative Court 2010Guhap

C. Meanwhile, the Plaintiff obtained authorization for establishment from the head of Seodaemun-gu on February 22, 2010 on the ground that some owners of land, etc. and additional consent to establish an association were given. The owners of land, etc. within the Plaintiff’s housing reconstruction project implementation area, including the Defendants, filed a lawsuit against the head of Seodaemun-gu Seoul Administrative Court seeking revocation of the authorization for establishment modification under 2010Guhap2245, but on December 30, 2010.

arrow