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(영문) 서울고등법원 2015.10.08 2015누36609
관리처분계획 취소 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, and thus, by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

The part of the 6th 2 to 4th 2 of the 6th 2007, "the primary claim by the plaintiffs that the plaintiff failed to meet the requirements for the joint application for parcelling-out on the premise that the application for parcelling-out filed jointly in 2007 shall be jointly filed, is without merit."

Article 47 subparagraph 1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012) provides that "the project implementer shall liquidate in cash where the owner of land, etc. falls under "a person who fails to file an application for parcelling-out" merely because the plaintiff, the plaintiff, the plaintiff, and the plaintiff Eul applied for parcelling-out within the period of application for parcelling-out, and therefore, it cannot be deemed "a person who fails to file an application for parcelling-out" under the above provision. On the other hand, Article 24 (2) of the former Seoul Metropolitan Government Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Ordinance No. 4686, Sep. 30, 2008) does not apply to several applicants for parcelling-out in any of the following cases:

2. Where several applicants are one household as of the base date of the management and disposition plan:

3. The case where there are several applicants for parcelling-out or the case where one house or one parcel of land is owned by several persons, and this provision shall be formulated by several persons, such as the land constituting one household, respectively, for the application for parcelling-out or for parcelling-out, the number of applicants for parcelling-out shall be regarded as one person subject to parcelling-out.

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