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(영문) 부산지방법원 2018.05.30 2018가합40801
분양권확인
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 Busan Jin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City 28,597.90 square meters (hereinafter “instant improvement zone”) was designated as a rearrangement zone pursuant to Article 4(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on November 8, 2006.

B. The Defendant is a redevelopment and consolidation project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established for the purpose of implementing B housing redevelopment and rearrangement project for the instant rearrangement zone (hereinafter “instant rearrangement project”).

C. The Defendant obtained authorization from the head of Busan District Office on January 30, 2007 from the head of Busan District Office to establish an association and to establish an association on July 12, 2017.

The instant improvement project was approved by the head of Busan Special Metropolitan City, the head of Busan Special Metropolitan City, the head of the Gu, on August 23, 2007, and the implementation of the project on March 17, 2017.

E. From May 15, 2017 to July 5, 2017, the Defendant publicly announced the period for application for parcelling-out of multi-family housing among land and construction facilities created by the instant improvement project.

F. On May 22, 2017, the Plaintiff purchased shares of 1/15 out of the above land from F, G, and H, a co-owner of F, G, and H, the Busan Jin-gu, Busan (hereinafter “instant land”) in the instant improvement zone, and completed the registration of ownership transfer for shares of 3/15 out of the instant land on May 31, 2017.

G. On June 29, 2017, the period for application for parcelling-out, the Plaintiff filed an application for parcelling-out with the owner of 3/15 shares of the instant land located within the instant project zone, but the Defendant notified that he/she is not eligible for multi-family housing, and is in the process of public perusal by establishing

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Article 22 of the Busan Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments (hereinafter “Ordinance on the Maintenance of Busan Metropolitan City”) (1) Housing redevelopment projects under the proviso to Article 52(1)3 of the Decree.

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