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(영문) 서울고등법원 2016.05.12 2015누68262
부작위위법확인
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On June 25, 2007, the Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project for the land size of 283,260.7 square meters in Seodaemun-gu Seoul on June 25, 2007, and the Plaintiff is the owner of each real estate listed in the attached Table in the said project area (hereinafter “instant real estate”).

B. After receiving an authorization from the head of Seodaemun-gu Seoul Metropolitan Government on September 4, 2007, the Defendant received an application for parcelling-out from its members to October 6, 2007, setting the period for application for parcelling-out from September 6, 2007 to October 6, 2007, and the Plaintiff applied for parcelling-out within the said period for parcelling-out.

C. However, when the management and disposal plan approved after the project implementation authorization was revoked by the ruling on June 26, 2008, the Defendant obtained approval for the implementation of the project from the head of Seodaemun-gu Seoul Metropolitan Government on November 7, 201, and re-designated the period for application for parcelling-out from November 9, 201 to December 11 of the same year (hereinafter “instant period for application for parcelling-out”). D.

On December 8, 201, without filing an application for parcelling-out during the period of application for parcelling-out, the Plaintiff voluntarily withdrawn the previous application for parcelling-out to the Defendant and expressed its intent to liquidate cash. On January 10, 2012 thereafter, the Plaintiff filed a claim for the Defendant to promptly file an application for adjudication on the instant real estate, but the Defendant did not comply therewith, but the Plaintiff filed the instant lawsuit seeking confirmation that such omission by the Defendant was unlawful on September 11, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 7 evidence (including each number), the purport of the whole pleadings

2. Legal response is required for an administrative agency to file a lawsuit for the confirmation of illegality of a lawsuit regarding the legitimacy of a lawsuit, such as affirmative action citing, rejecting, or rejecting, etc. a petition based on a citizen’s legal or sound right within a reasonable time.

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