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(영문) 서울행정법원 2018.03.23 2017구합67841
수분양권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a redevelopment and consolidation project implementer established on July 2, 2010 on July 2, 2010 for the purpose of implementing a housing redevelopment improvement project in the BBBA district (hereinafter “instant redevelopment and rearrangement project”). The Plaintiff is the owner of the Dongjak-gu Seoul Metropolitan Government D large scale 133 square meters and the ground mentor, ground mentor, brick, and mentorembrogate 4.62 square meters (hereinafter “each real estate of this case”) located in the said project implementation district, and is the Defendant’s member.

B. On July 13, 2015, the Defendant publicly announced the application period for parcelling-out in the redevelopment project of this case from July 13, 2015 to September 10, 2015.

In the process, on July 10, 2015, the Defendant sent the notice of application for parcelling-out to the address of F apartment G located in Yeongnam-do, Chungcheongnam-do, to the Plaintiff by registered mail, but the above registered mail was returned. On July 24, 2015, the notice of application for parcelling-out was sent by ordinary mail, but the above ordinary mail was returned.

C. On September 11, 2015, the Defendant extended the period for application for parcelling-out from September 11, 2015 to September 24, 2015, and publicly notified the application for parcelling-out again from September 30, 2015 to October 5, 2015.

In the process, on September 10, 2015, the Defendant sent the notice for extension of the application for parcelling-out to the address of F apartment G located in Yeongi-gun, Chungcheongnam-do, Chungcheongnam-do, to the Plaintiff by registered mail, but the above registered mail was returned. On October 1, 2015, the notice for extension of the application for parcelling-out was sent by general mail, but the above general mail was returned.

After that, the defendant excluded the plaintiff from the subject of the redevelopment improvement project of this case on the ground that the plaintiff did not file an application for parcelling-out, and was authorized by the head of Dongjak-gu Seoul Metropolitan Government on August 22, 2017 to establish a management and disposal plan based on the same contents.

E. Meanwhile, the address of the Plaintiff on the registry of each real estate of this case is as follows.

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