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(영문) 서울중앙지방법원 2012.07.26 2008가합45014
분양행위무효확인
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a corporation established for the purpose of the development and supply of housing sites, the construction, improvement, supply, and management of housing sites, etc. under Article 49 of the Local Public Enterprises Act and Article 49 of the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of Urban Development Corporation (amended by Presidential Decree No. 2389, Dec. 28, 198). 2) The plaintiffs are those who were determined to be subject to special supply of national housing, etc. and granted the right to move into housing for special supply by the defendant, in response to the compensation for their residential buildings in the process of implementing various urban planning facility projects or civil apartment removal projects (hereinafter “instant urban planning projects, etc.”) entrusted by the head of the Seoul Special Metropolitan City Mayor from the mid of the 1990s to the mid of 2003.

According to the statement No. 4-2 of the evidence No. 4-2, the plaintiff Eul was the removal of the apartment of the H district, which was determined as the object of the special supply of the national housing around July 21, 1999, by the Dongdaemun-gu Seoul Metropolitan Government Government Construction Project, which was authorized to implement the project on January 1, 1999, and applied for a special supply of the housing of H district, but applied for the change to the apartment of the

The Plaintiffs, as the removal residents under the instant urban planning project, etc., filed an application for special supply with H district around 199, but filed an application for special supply with H district B, and immediately around January 2003, the Plaintiffs constituted either the applicant for special supply with respect to H district B or their successors.

B. On December 6, 2002, the Minister of Construction and Transportation, upon entering into a contract for sale in lots, designated the Defendant Corporation as the project executor of the prospective B housing site development district, and the Seoul Special Metropolitan City Mayor publicly notified as C on October 6, 2003, the Seoul Special Metropolitan City Mayor designated the B housing site development district as the project executor of the prospective B housing site development district.

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