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(영문) 서울행정법원 2019.06.21 2019구합668
분양대상자 지위 확인소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 29, 2008, the Defendant is the Housing Redevelopment and Improvement Project Association established on April 29, 2008 to implement the Housing Redevelopment and Improvement Project (hereinafter “instant project”). As to the State-owned land located within the said project area, the Plaintiffs acquired shares of 1/50 of the Plaintiff’s share on June 10, 201, and 1/50 of the Plaintiff’s share on September 11, 2014, and the Plaintiff acquired shares of 2/50 of the Plaintiff’s share on September 10, 2014, and sold shares of 1/50 of the Plaintiff’s share to the Plaintiff (hereinafter “instant housing”). However, the Plaintiff acquired shares of 1/50 of the Plaintiff’s share on June 10, 2014, and sold shares of 1/50 of the Plaintiff’s shares to the Plaintiff’s members (hereinafter “the Plaintiff’s share ownership transfer”) as seen above.

B. The Defendant’s articles of incorporation, enacted in 2008, is subject to the following Article 9 (Qualifications, etc. for Members) (1) An association member shall be the owner of land or a building in a project implementation district or a person with superficies thereof (hereinafter “owner of land, etc.”).

(5) Where the rights of a union member are transferred due to transfer, inheritance, inheritance, judgment, etc., the rights and obligations of the union member shall be deemed changed to the person who has acquired the rights and obligations of the union member, and the person who has acquired the rights shall comprehensively take over the rights and obligations of the former union member

Article 49 (Sale by Units) (2) In cases falling under any of the following subparagraphs, several applicants for parcelling-out shall be regarded as one person for parcelling-out:

3. Where several persons own one house or one parcel of land: Provided, That in January 15, 1997, multi-household houses which completed the registration of shares or sectional ownership by household prior to January 15, 1990.

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