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(영문) 서울행정법원 2018.01.12 2017구합64927
행정심판에 대한 재결 취소
Text

1. The plaintiff's lawsuit against the defendant B Housing Redevelopment Project Association shall be dismissed;

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. The Plaintiff’s father, the Plaintiff’s father, was the Plaintiff’s member of the Defendant Union, as the owner of 58.34/175 shares in the Seoul Mapo-gu E land located within the rearrangement zone for the instant rearrangement project implemented by the Defendant Union (hereinafter “instant previous land”).

B. D on September 27, 2012, purchased the instant apartment that was newly constructed by the Defendant Cooperative as the instant project from the Defendant Cooperative, and the instant apartment was completed on January 27, 2015.

C. D A deceased on June 22, 2015 (hereinafter referred to as “the deceased”), F, children, G, H, and the Plaintiff inherited the deceased’s property.

After the death of the deceased, the Plaintiff purchased the apartment of this case from D on December 12, 2014.The Plaintiff asserted as follows: (a) requested the Defendant Union to verify whether the Plaintiff succeeded to the membership from the deceased to the Plaintiff according to the purchase.

On April 7, 2016, the Defendant Union sent a reply to the Plaintiff stating that “only after completing the registration of ownership transfer under the name of the Plaintiff on the previous land, the succession of the Plaintiff’s qualification is recognized, and the fact of purchase of the instant apartment is difficult to recognize the succession of the Plaintiff’s membership.”

E. Ultimately, the registration of ownership transfer was not completed in the name of the Plaintiff on the previous land, and on June 1, 2016, the registration of ownership transfer was completed in the name of the deceased’s heir on the ground of inheritance as of June 22, 2015 pursuant to the subrogation application by the Defendant Union (Article 2 of the Urban and Residential Environment Improvement Registration Rules).

F. On October 13, 2016, the Defendant Cooperative publicly announced the transfer of ownership of the site and building to the person entitled to purchase pursuant to Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). As to the instant apartment, the deceased’s heirs were 3/9 shares in sharing as statutory inheritance, G, and so forth.

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