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(영문) 서울행정법원 2017.01.06 2016구합75616
분양권존재 확인
Text

1. The plaintiff was built by the defendant to the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Co., Ltd. and the exclusive area of 102 Dong 1004.

Reasons

Basic Facts

The defendant is an association established to implement a housing redevelopment improvement project in Mapo-gu Seoul Metropolitan Government C Group (hereinafter referred to as the "instant rearrangement zone").

E on May 30, 2005, as a member of the Defendant’s association who completed the registration of ownership transfer with respect to the shares of 38.85 m261m2 in Mapo-gu Seoul Metropolitan Government F. 261m2 in the instant rearrangement zone (hereinafter “instant land shares”), the Defendant established a management and disposal plan that includes E in the subject of sale, and obtained authorization from the head of Mapo-gu Seoul Metropolitan Government (hereinafter “instant management and disposal plan”); and the result of the same-use lottery in progress after the following, E purchased D apartment 102m2, 1004, 1004m2 (exclusive use area, 84.86m2, 29.36m2, 75.258m258m2, contract area, and 189.16m2, 207m257, 2015 (hereinafter “instant apartment”) among the members of the Defendant’s association and the members of the Association.

E, on April 22, 2016, sold the instant land shares in KRW 277,940,273 to G, and KRW 698,500,000 for the purchase price (hereinafter “the first sale contract”), and on June 3, 2016, after completing the registration of ownership transfer under the name of G with respect to the instant land shares, on August 22, 2016, revoked the said registration of ownership transfer on August 22, 2016. On August 22, 2016, the Plaintiff sold the instant land shares in KRW 277,940,273 to the Plaintiff, and the purchase right to the instant apartment in KRW 698,50,000 for the purchase price (hereinafter “the second sale contract”). The Plaintiff completed the registration of ownership transfer under the name of the Plaintiff on August 23, 2016.

On the other hand, G on June 17, 2014, from H, the Defendant’s partner, I ground in Mapo-gu Seoul Metropolitan Government within the instant improvement zone.

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