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(영문) 대전지방법원 2020.01.30 2019구합714
분양권계약해제처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 17, 2016, the Plaintiff won the winning in the subscription to the public housing unit C in Zone B, and concluded a sales contract with the Defendant for the housing unit D.

(hereinafter “instant sales contract”). B.

On February 15, 2017, the Plaintiff purchased Seo-gu, Seo-gu, Seo-gu, Daejeon, and completed the registration of ownership transfer on February 24, 2017.

C. On November 30, 2018, the Defendant shall be a homeless household member from the date falling under any of the following subparagraphs until the Plaintiff moves into a national housing or a house under Article 3(2)1 of the Rules on Housing Supply (subject to supply of housing) to the Plaintiff.

Provided, That this shall not apply to a person who becomes disqualified as a member of a homeless household due to marriage or inheritance after being selected as an occupant or becomes final and conclusive as a person eligible for occupancy under a business plan, and a person who acquires the status of occupancy

1. In case of the general supply pursuant to Article 27, the notice was given to the effect that the sales contract in this case is cancelled on the grounds that the date of public notice of invitation of the applicants violated;

(hereinafter “instant cancellation notification”) D.

On December 17, 2018, the Plaintiff filed a request with the Central Administrative Appeals Commission for the revocation of the instant notification of cancellation, but on March 5, 2019, the said notification of cancellation was rendered a decision dismissing the said request on the ground that it does not constitute a disposition subject to administrative appeal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion constitutes a disposition subject to appeal litigation.

The plaintiff falls under Article 58 (4) 1 or 2 of the Rules on Housing Supply, and thus, the notice of cancellation issued on the sole basis of Article 4 (2) of the Rules is unlawful.

3. Judgment on the main defense of this case

A. The summary of the defense is 1) The defendant is not a disposition agency (the defendant is not a disposition agency).

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