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(영문) 서울행정법원 2018.12.05 2017구단79960
수용재결취소등
Text

1. The plaintiff's main claim and ancillary claim against the defendant B Housing Redevelopment Project Association.

Reasons

1. Basic facts

A. The Defendant Cooperative is a housing redevelopment and rearrangement project partnership that obtained authorization for establishment of a housing redevelopment and rearrangement project (hereinafter “instant project”) from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) around February 2009 to implement the housing redevelopment and rearrangement project (hereinafter “instant project”) using the Eunpyeong-gu Seoul Metropolitan Government D, E, and F 43,938 square meters as the project implementation district (hereinafter “instant project”).

The Plaintiff is a person who jointly owns the Eunpyeong-gu Seoul Metropolitan Government road C 94 square meters (hereinafter “instant land”) within the instant business zone with eight G et al.

(The Plaintiff’s shares are 19/94). (b)

Around September 15, 2011, the Defendant Union received the first project implementation authorization and carried out the procedure for application for parcelling-out to its members, and the Plaintiff applied for parcelling-out to the Defendant Association on December 20, 201, within the period of application for parcelling-out.

C. Since October 1, 2015, the Defendant Union obtained project implementation authorization from the head of Eunpyeong-gu, the head of the Gu on October 1, 2015, and notified its members including the Plaintiff of the application for parcelling-out to instruct its members to apply for parcelling-out from October 19, 2015 to November 18, 2015, and thereafter issued notification of extension of the period of application for parcelling-out to November 30, 2015.

On November 27, 2015, the Plaintiff filed an application for parcelling-out with the Defendant Association for parcelling-out in its name (hereinafter referred to as “instant application for parcelling-out”), and other co-owners did not file an application for parcelling-out with respect to the instant land.

Afterward, pursuant to Article 19(1)1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; Act No. 1532, Feb. 9, 2018; hereinafter “Urban Improvement Act”), where a group of co-owners share land, the Defendant Cooperative shall be deemed one member representing co-owners. However, one of the co-owners of the instant land shall be the Plaintiff alone.

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