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(영문) 부산지방법원 2019.02.01 2018구합22716
관리처분계획무효확인 등
Text

1. The part of the lawsuit in this case seeking confirmation of the status of the buyer shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

Details of the disposition

The Defendant is a project implementer who obtained authorization for the establishment of a partnership on January 3, 2013, and obtained authorization for the implementation of the instant improvement project from the head of Suwon-gu Busan Metropolitan City on December 7, 2016, in relation to B housing redevelopment improvement project (hereinafter “instant improvement project”) implemented in the area of 42,231.3 square meters of the Suwon-gu, Busan Metropolitan City (hereinafter “instant improvement project”).

The registration of ownership transfer was completed on April 1, 1983 with respect to the building indicated in the attached Form No. 4 (hereinafter “instant building”) located within the project zone of the instant rearrangement project in the name of D, E, F, G, H, and I. On April 1, 1983, the remainder of the shares of D, E, G, H, and I (5/6 shares) other than F, among co-owners on April 1, 1983, the ownership transfer registration was completed to J on March 30, 1983, and the ownership transfer registration was completed on October 31, 1983 with respect to the shares of 5/6 shares of JJ.

Since then, on October 16, 2004, K’s 5/6 portion of the building of this case transferred to Don M due to inheritance by agreement division, and on January 24, 2007, 2/6 shares were transferred to the Plaintiff, and the remaining 3/6 shares were transferred to Don N to N, respectively, and on July 5, 2013, 3/6 shares of the above NN were transferred to the Plaintiff on the ground of division of property on April 2, 2013. Since that time, the Plaintiff owned 5/6 shares of the instant house.

On the other hand, F, who owned 1/6 of the building of this case, died on July 18, 200, and there was a wife P, a child P, and Q as his heir, but all of them are alive.

The Plaintiff and the inheritors of F, co-owners of the instant building, did not report the appointment of representative partners to the Defendant Cooperative during the process of implementing the instant rearrangement project.

The defendant's public announcement of application for parcelling-out by the members shall be governed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

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