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(영문) 서울서부지방법원 2016.11.16 2015가합33083
소유권이전등기
Text

1. Of the instant lawsuits, the part of the request for the execution of the procedure for cancellation of the registration of establishment of a neighboring mortgage shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. On March 23, 2006, the Seoul Special Metropolitan City Mayor publicly announced the GR large scale 2609.89 square meters as an urban and residential environment improvement zone of Eunpyeong-gu Seoul Metropolitan City. 2) The “A zone Housing Reconstruction Improvement Project Promotion Committee” (hereinafter “instant promotion zone”) constituted for the purpose of implementing the housing reconstruction improvement project (hereinafter “instant project”) within the said planned improvement zone, and obtained approval from the head of Eunpyeong-gu from the head of the Gu (hereinafter “instant approval plan”) on December 29, 2006.

3) The instant project zone was reduced to 23260 square meters on December 24, 2009. (B) The instant project zone was approved by the head of Eunpyeong-gu, the head of Eunpyeong-gu, pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

2) The owners of land, etc. in the instant project zone, including S, [referring to “owners of land, etc.” under Article 2 subparag. 9 (b) of the Urban Improvement Act.

[2] On September 5, 2012, a part of the company filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission (Seoul Administrative Appeals Commission) seeking to confirm the invalidity of the disposition approving the establishment of an association and the preceding disposition approving the establishment of an association on January 14, 2013, and confirmed that the preceding disposition approving the establishment of an association was invalid because of a significant and apparent defect with the consent rate is insufficient. The remainder of the claims regarding the disposition approving the establishment of an association was dismissed. 3) At the time of the instant implementation, a lawsuit was filed in the name of a district A Housing Reconstruction and Improvement Association. On March 22, 2013, an administrative litigation (Seoul Administrative Court 2013Guhap8431) seeking the revocation of the invalid portion among the above rulings, but the judgment dismissing such claim was finalized on October 24, 2010, and the above judgment became final

4 Separate from the foregoing case, S is prior to the approval and disposition of the promotion committee against the head of Eunpyeong-gu on May 10, 2013.

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