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(영문) 광주고등법원 2020.01.23 2018누6415
분양권확인청구
Text

1. Revocation of the first instance judgment.

2. The Plaintiffs among the management and disposition plans resolved by the Defendant at the ordinary meeting of May 4, 2018.

Reasons

1. Details of the disposition;

A. Gwangju Metropolitan City announced in Gwangju Metropolitan City on July 18, 2007, changed the size of a rearrangement zone after 127,230.53 square meters in the Seoul-dong-gu Seoul Special Metropolitan City, the area of the rearrangement zone at the time of the resolution of the management and disposal plan on May 4, 2018 is 126,43.60 square meters. B was designated as a rearrangement zone for the redevelopment project.

In addition, on August 29, 2007, the defendant obtained authorization to establish an association from the head of the Dong/Dong in Gwangju Metropolitan City to implement the above redevelopment project, and obtained authorization to implement the project on February 20, 2017.

B. In around 1996, Plaintiff A newly built Haba, a multi-household housing (10 households) on the G of Dong-gu, Gwangju (hereinafter “instant Ba”), located within the implementation zone of the said redevelopment project, and acquired ownership by acquiring the ownership of Haba (hereinafter “instant Ba”). On April 1, 2015, Plaintiff A completed the registration of ownership transfer on the ground of sale on February 25, 2015 with respect to Plaintiff B’s Ba as to the instant Baba in the instant Ba.

C. The Defendant received the application for parcelling-out from March 22, 2017 to May 30, 2017, and the Plaintiffs filed an application for parcelling-out with the Defendant within the aforementioned period.

On May 4, 2018, the Defendant: (a) at the general meeting of partners, allocated the reserved land to the “person who acquires the ownership of the land or building from one owner of the land, etc. after the authorization for establishment of the partnership; and (b) passed a resolution on the management and disposition plan to reflect the result of the instant lawsuit, etc. in the management and disposition plan (hereinafter “instant management and disposition plan”); and (c) on July 27, 2018, the head of the Dong-gu Seoul Metropolitan City approved the above management and disposition plan on the condition that he/she applied for

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 12, 13, Eul evidence Nos. 1 through 4, 7, and 8 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. At the time of the Plaintiffs’ assertion to establish an association, one person owned a large number of real estate, but thereafter transferred it.

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