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(영문) 서울행정법원 2017.01.06 2016구합73818
관리처분계획일부무효확인등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Party status 1) The Defendant shall be the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(C) Seoul Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as “instant rearrangement zone”) designated as a rearrangement zone.

(2) On October 31, 2002, Plaintiff A is an owner of Seongdong-gu Seoul Metropolitan Government D land and its ground buildings located within the instant rearrangement zone (hereinafter “instant real estate”) who completed the registration of ownership transfer for a housing redevelopment project with the approval of establishment on December 28, 2007 from the head of Seongdong-gu Seoul Metropolitan Government to implement the housing redevelopment project. Plaintiff B is a spouse of Plaintiff A and the owner who completed the registration of ownership transfer for the remaining two-thirds of the Seongdong-gu E Condominium located within the instant rearrangement zone (hereinafter “instant 2 real estate”). Plaintiff B is the owner who completed each registration of ownership transfer for the remaining two-thirds of the instant real estate located within the instant rearrangement zone on December 5, 2001.

B. The Defendant: (a) established a management and disposal plan to jointly sell the Plaintiffs; and (b) obtained authorization from the head of Seongdong-gu Seoul Metropolitan Government on April 5, 2012 from the head of Seongdong-gu Seoul Metropolitan Government; (c) obtained authorization on March 14, 2013; (d) April 3, 2014; and (e) obtained authorization on the amendment of the management and disposal plan on August 13, 2015 and June 30, 2016; and (d) maintained the portion for which the Plaintiffs jointly sell, as they were, from

(hereinafter referred to as "the instant management and disposition plan" in total of each management and disposition plan authorized by the head of Seongdong-gu Seoul Metropolitan Government). [Grounds for recognition] There is no dispute, each entry in Gap's 1 through 9 (including virtual number), and the purport of the whole pleadings.

2. The assertion and judgment

A. Article 48(2)7(c) of the Urban Improvement Act, newly established as of February 1, 2012 as of February 1, 2012, stipulated that two houses can be supplied to the members who form one household in certain cases. Accordingly, the Plaintiffs’ right to demand the supply of individual sales tickets has occurred.

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