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(영문) 서울행정법원 2016.07.01 2015구합65315
분양신청거부처분취소 청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is a housing reconstruction and improvement project association established on January 20, 2012 for the purpose of implementing a housing reconstruction and improvement project by designating the Yangcheon-gu Seoul Metropolitan Government G G group as a project implementation district.

The plaintiffs are owners of land within the project implementation district of the defendant and are the defendant's members.

B. On November 27, 2014 after obtaining authorization for project implementation, the Defendant publicly announced that the members apply for parcelling-out from November 27, 2014 to December 29, 2014.

At that time, the written guidance for application for parcelling-out sent by the defendant to the plaintiffs are as follows:

4. Standards for application for parcelling-out (1) multi-family housing (1) multi-family housing equivalent to the value of rights shall be sold in lots. In such cases, where the value of rights falls under two houses for parcelling-out, the application of a person eligible for parcelling-out shall be followed; 2) criteria for examination of persons eligible for parcelling-out.

㉣ 종전 권리가액 가격의 범위 또는 종전 주택의 주거전용면적의 범위에서 2주택을 공급할 수 있고, 이 중 1주택은 주거전용면적을 60㎡ 이하로 한다.

Provided, That one house supplied with 60 square meters or less shall not be resold (including sale, donation, and all other acts accompanying the change of rights, but excluding inheritance) or arranged for resale thereof before three years have elapsed from the day following the date of public announcement of transfer under Article 54 (2) of the Act:

C. From December 20, 2014 to December 29, 2014, the Plaintiffs filed two applications for parcelling-out, including one apartment house of a size of 59 square meters per annum. D.

The defendant shall hold a board of directors on February 12, 2015 to deliberate on the management and disposal plan standards, and the appraised value of the previous assets among 30 members who applied for the application for the purchase of two houses in addition to the supply of 138 households (within 138 households) and the supply of 138 households, among 30 members who applied for the purchase of two houses, shall be at least two houses sales price.

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