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(영문) 서울행정법원 2014.12.18 2014구합13188
분양권거부처분취소및분양권공급절차이행
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant rearrangement zone”), the Defendant is a rearrangement project association established with approval from the head of Seongdong-gu Seoul Metropolitan Government approving the establishment of the association on December 28, 2007, to implement a housing redevelopment project (hereinafter “instant project”) for Seongdong-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”).

Shed Plaintiff A is the owner who completed the registration of ownership transfer with respect to the land and its ground buildings located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant real estate No. 1”) located in the instant rearrangement zone on October 31, 2002. Plaintiff B is the spouse of Plaintiff A, who completed the registration of ownership transfer with respect to the one-third portion of No. 101 (hereinafter “instant Real Estate No. 2”) located in the instant rearrangement zone on December 5, 2001. Plaintiff B is the owner who completed the registration of ownership transfer with respect to the remaining two-thirds portion of the instant real estate No. 2 on June 16, 2003.

B. (1) The Defendant established a management and disposal plan to jointly sell the Plaintiffs and obtained authorization from the head of Seongdong-gu Seoul Metropolitan Government on January 2, 2009, and obtained authorization for the amendment of the management and disposal plan on March 14, 2013, September 12, 2013, and April 3, 2014. The part of the management and disposal plan to jointly sell the Plaintiffs was maintained.

The approval of the amendment to the management and disposition plan on April 3, 2014 was publicly announced as F of Seongdong-gu Seoul Metropolitan Government Public Notification on April 3, 2014.

(hereinafter) Of the management and disposition plans authorized on April 3, 2014, the part for which the plaintiffs jointly were the persons eligible for a sale (hereinafter “instant disposition”). 【Ground for recognition”), without any dispute, each entry in Gap’s 1 through 3, 6, 7, 12 through 17, and Eul’s 1 through 3 (including branch numbers), and the purport of the whole pleadings.

2. Determination on the legitimacy of a lawsuit

A. Of the instant lawsuit, the Defendant’s determination on the part seeking revocation of the instant disposition is authorized on April 3, 2014.

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