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(영문) 인천지방법원 2019.05.24 2018구합51687
단독분양권확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

A. On June 4, 2010, the Defendant was established for the purpose of implementing a housing redevelopment improvement project whose project implementation district covers F.G. Dong-dong 293,390 square meters (hereinafter “instant rearrangement zone”), and received authorization for the implementation of the project on January 31, 2017, as a housing redevelopment improvement project partnership that obtained authorization for the establishment on June 4, 2010.

B. H was the right holder of the first site in Bupyeong-si located in the instant rearrangement zone, and owned one unauthorized Housing on the ground.

C. On April 20, 2006, J received K from H the above unauthorized house, and L acquired it from J on June 5, 2006, and Plaintiff D acquired it from L on August 29, 2006.

M received N from H on April 12, 2006 the gift of N among the above unauthorized housing, L acquired it from M on June 5, 2006, and Plaintiff C acquired it from L on August 18, 2006.

E. L acquired the above unauthorized Housing No. O from H on September 21, 2003, and Plaintiff B acquired it from L on August 18, 2006.

F. L acquired P from H on September 21, 2003 the above unauthorized Housing, and the Plaintiff acquired L from H on June 10, 2006.

(g) On January 26, 2017, the Defendant ordered members to apply for parcelling-out within the period of application for parcelling-out (from April 6, 2017 to May 19, 2017) and extended the period until June 30, 2017 to the extent that the period was extended by June 30, 2017, and the Plaintiffs individually applied for parcelling-out to the Defendant.

H. On May 2, 2018, the Defendant formulated a management and disposition plan that intends to jointly sell the Plaintiffs, and obtained authorization from the Busan City Mayor for the management and disposition plan.

(The part of the above management and disposition plan which determined the plaintiffs as the joint buyers is referred to as the "disposition of this case"). [Grounds for recognition] There is no dispute, and each statement and pleading of Gap evidence 1 through 10 (including branch numbers; hereinafter the same shall apply).

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