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(영문) 서울서부지방법원 2012.08.10 2011가합3015
부동산매도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction association which obtained authorization on October 8, 2008 from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “the head of Seodaemun-gu”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the head of Seodaemun-gu”), and completed the registration of incorporation on November 6 of the same year. The Defendants share 1 and 2 real estate of this case with E, together with E, with each share of 1/4, and Defendant B owns 3 real estate of this case, and Defendant C owns 4 real estate of this case, and Defendant C owns 4 real estate of this case.

B. The owners of lands, etc. in the area where the Plaintiff’s housing reconstruction project implemented, including the Defendants, filed a lawsuit seeking confirmation of invalidity of the establishment of the Plaintiff against the Plaintiff on September 3, 2009 by this court 2008Gahap16530, and the Plaintiff was declared null and void on September 3, 2009. However, the appellate court revoked the first instance judgment on the grounds that in order to dispute the validity of the establishment of the Plaintiff on January 7, 2010, the Seoul High Court 2009Na88442, which was the appellate court, and ordered to transfer the case to the Seoul Administrative Court on the ground that the revocation or invalidity of the establishment of the Plaintiff’s housing reconstruction project should be sought as an administrative litigation. The transferred case was withdrawn in the course of proceeding with the Seoul Administrative Court 2010Guhap

C. Meanwhile, the Plaintiff obtained authorization for the establishment from the head of Seodaemun-gu on February 22, 2010 on the ground that some owners of land, etc. were given consent to change and establish an association. The owners of land, etc. in the Plaintiff’s housing reconstruction project implementation area, including the Defendants, are the head of Seodaemun-gu Seoul Administrative Court 2010Guhap2245.

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