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(영문) 서울서부지방법원 2015.12.17 2015가합33373
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is the Seodaemun-gu Seoul Metropolitan Government Housing Reconstruction Project Association which has obtained authorization for establishment from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Seodaemun-gu”) on November 26, 2007 for the purpose of promoting the housing reconstruction improvement project (hereinafter referred to as the “instant improvement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Project”).

The Defendant is the Plaintiff’s member who owns the instant real estate within the instant business zone.

On December 24, 2010, the plaintiff is referred to as the "first project implementation plan" which is approved by the head of Seodaemun-gu by the head of Seodaemun-gu.

The period for application for parcelling-out shall be from February 22, 201 to February 22, 201

5. To the end of 5. Application for parcelling-out;

The defendant filed an application for parcelling-out within the above period for parcelling-out.

On August 14, 2012, the Plaintiff received a management and disposition plan (hereinafter referred to as “the first management and disposition plan”) and the head of Seodaemun-gu publicly announced it on the same date. The Plaintiff modified the project execution plan on March 14, 2013 (hereinafter referred to as “the second project execution plan”), and the application period for parcelling-out was from April 11, 2013 to the same year.

5. To the end of 14. Application for a new application for parcelling-out or for alteration of a square system;

The plaintiff shall revise the management and disposal plan on August 27, 2014, and obtain the approval from the head of Seodaemun-gu to revise the management and disposal plan, and "the second management and disposal plan".

(B) The head of Seodaemun-gu publicly announced this. [Ground] The head of Seodaemun-gu publicly announced the fact that there is no dispute, Gap evidence 4, 5, 6, Eul evidence 1 and 4 (which includes the number; hereinafter the same shall apply)

The relevant provisions of the Urban Improvement Act and the Articles of Incorporation (No. 7) of the Plaintiff are as follows: The public notice of sale and the application for parcelling-out under Article 46 of the Urban Improvement Act (Article 46).

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