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(영문) 부산지방법원 2018.10.26 2018구합22853
조합원 분양신청 자격확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

The defendant is a cooperative established to carry out a C-Housing Redevelopment Improvement Project (hereinafter referred to as the "Maintenance Project") with the area of 126,834.10 square meters in Busan Jin-gu as Busan Special Metropolitan City D, and the head of Busan Special Metropolitan City on June 29, 2005 approved the establishment of the association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

On April 5, 2007, E sold or sold at auction in each order as shown in attached Table 1 after acquiring Nos. 104, 105, 106, 203, 204, 301, 303, 304, 305, and 306 of the F buildingho-gu Busan, Busan, which is located within the zone where the instant improvement project was implemented. On August 16, 201, Plaintiff A was awarded a contract through voluntary auction and completed the registration of ownership transfer on the 19th of the same month, and Plaintiff B was the owner who completed the registration of ownership transfer on the 305th of the above F building No. 305 (each of the above subparagraphs owned by Plaintiffs hereinafter referred to as “instant real estate”).

On August 3, 2017, the defendant announced the sale of housing redevelopment improvement project members to the plaintiffs on August 3, 2017. At the same time, the plaintiffs sent the guidance for application for parcelling-out to the defendant.

On November 13, 2017, the Defendant acquired the instant real estate from E after the authorization was granted to establish the association, and returned all the documents filed by the Plaintiffs to the Plaintiffs under Article 19(1)3 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14532, Jan. 17, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

[Grounds for recognition] The facts without dispute, Gap evidence 1 through Eul evidence 5, Eul evidence 1 (including various numbers), the purport of the whole pleadings, the plaintiffs' assertion of the purport of the whole pleadings, and the plaintiffs' assertion that the real estate of this case was not transferred from Eul to "trade", but "auction".

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