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(영문) 광주지방법원 2019.05.30 2018구합11814
분양권확인청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project for the Dong-gu Seoul Special Metropolitan City Seoul Special Metropolitan City 126,433.6 square meters (hereinafter “instant rearrangement zone”). The Plaintiff is the owner of the Gu-dong Seoul Special Metropolitan City D large scale 116 square meters and its ground wooden and bridged housing (hereinafter “instant real estate”).

B. On August 26, 2016, the Defendant held an extraordinary association general meeting to decide on a project implementation plan, and the head of the Dong/Dong in Gwangju Metropolitan City approved and publicly notified the said project implementation plan on February 20, 2017, and partially corrected and publicly notified the details on February 22, 2017.

C. On March 22, 2017, the Defendant notified and publicly announced the application for parcelling-out to its members, and conducted the procedure for filing an application for parcelling-out to May 30, 2017 from the date of the said public announcement, but the Plaintiff did not file an application for parcelling-out within the said

After that, the Defendant established a management and disposal plan that contains the contents that the Plaintiff is subject to cash settlement (hereinafter referred to as the “instant disposition”). The head of Gwangju Metropolitan City Dong and Dong Office approved the above management and disposal plan on July 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The actual address of the Plaintiff is Nam-gu, Nam-gu, Gwangju, E apartmentF, and the Plaintiff was not notified of the application for parcelling-out from the Defendant at the above address.

Therefore, the instant disposition is unlawful.

B. The Defendant notified the Plaintiff of the application for parcelling-out by registered mail in the Nam-gu Seoul metropolitan area, the address of the Plaintiff, and this reached the Plaintiff.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents was wholly amended by Act No. 14567, Feb. 8, 2017; and was enforced on February 9, 2018; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

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