(영문) 서울행정법원 2017.07.13 2016구합81550

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(영문) 서울행정법원 2017.07.13 2016구합81550

수분양자 제외처분 취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was respectively authorized to establish a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project of Dongdaemun-gu Seoul Metropolitan Government as a rearrangement zone B, the authorization of establishment from the head of Dongdaemun-gu Seoul Metropolitan Government on October 1, 2008, and the approval of a project implementation plan on March 11, 2010.

B. From February 22, 2016 to May 11, 2016, the Defendant: (a) determined the period for concluding a contract for selling lots and publicly announced the conclusion of the contract; (b) the Plaintiff was jointly owned (7/10 of the Plaintiff’s shares in the register) with E, F, and submitted an application for selling lots to the Defendant on March 29, 2016.

C. On December 7, 2016, the Defendant sent to the Plaintiff a written confirmation (Evidence No. 6) stating that the Plaintiff is disqualified for applying for the allocation of membership, on the grounds that the Plaintiff failed to meet the requirements prescribed by statutes and the articles of incorporation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. 1) The defendant's assertion is legitimate. The plaintiff's claim changes from the lawsuit seeking confirmation of the status of a buyer to the lawsuit seeking settlement money. The plaintiff's claim and the ground for claim (as of July 4, 2017, the plaintiff's above change of claim and the ground for claim (as of July 4, 2017, the plaintiff's above change of claim and the ground for claim (as of July 2, 2017) can be made until the closing of argument at the fact-finding court unless there is a significant change in the foundation of the claim, unless the delay in litigation procedures is substantially delayed (see Article 8 (2) of the Administrative Litigation Act, Article 262 of the Civil Procedure Act, Article 262 of the Civil Procedure Act, and Article 262 of the same Act, and Article 262 of the same Act, the change of claim and the ground for claim, merely

참조조문

-민사소송법 제262조

-행정소송법 제8조 제2항

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