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(영문) 인천지방법원 2018.08.17 2018구합122
분양권확인
Text

1. The defendant confirms that the plaintiff has the right to apply for parcelling-out of B house redevelopment project.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Defendant is a redevelopment and consolidation project association established on September 11, 2008, which was established on September 11, 2008 for the purpose of implementing a B-Housing Redevelopment and Improvement Project (hereinafter “instant rearrangement project”) whose project implementation district covers 96,034.90 square meters in Incheon C Group, and the Plaintiff is the owner of the real estate in the attached list in the said project implementation district (hereinafter “instant real estate”).

B. The approval for the change of the project implementation plan of the instant improvement project was publicly notified on April 3, 2017. On April 17, 2017, the Defendant issued an application notice for parcelling-out to the Plaintiff for parcelling-out from April 17, 2017 to May 17, 2017.

C. However, from February 21, 2017 to May 12, 2017, the Plaintiff stayed in a foreign country and received D’s mother’s receipt. At that time D was 94 years of age and was in a state with a significant decline in recognition of old-age dementia.

[Reasons for Recognition] Confession (Article 8(2) of the Administrative Litigation Act, Article 150(3) and (1) of the Civil Procedure Act)

2. According to Article 46(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), a project implementer shall notify the owners of land, etc. of the outlined amount of charges, the period for application for parcelling-out and other matters prescribed by Presidential Decree within 60 days from the date of

Accordingly, the notification procedure of the application period for parcelling-out is to guarantee the opportunity for the application for parcelling-out to the owners of land within the project area, so it is necessary to implement it in the process of implementing the improvement project in accordance with the relevant laws and regulations

Therefore, if the project implementer neglected to notify the application for parcelling-out under the relevant regulations and the articles of incorporation, the owner of the relevant land, etc. failed to apply for parcelling-out

Even if the right to apply for parcelling-out is still held.

According to the above facts of recognition, the defendant.

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