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(영문) 서울행정법원 2015.09.04 2014구합17906
수분양권확인
Text

1. The part of the lawsuit of this case to revoke the rejection disposition of application for parcelling-out shall be dismissed.

2. The Defendant on August 8, 2014.

Reasons

1. Details of the disposition;

A. The Defendant is the Housing Redevelopment Improvement Project Association established with the approval of establishment from the head of Gangnam-gu Seoul Metropolitan Government on September 29, 2009 to implement housing redevelopment improvement project (hereinafter “instant project”) on the area of 36,410 square meters in Gangnam-gu, Seoul Metropolitan Government.

On July 7, 2009, the Plaintiff is the owner who acquired the instant housing of 41.26 square meters (hereinafter referred to as “instant land”) and the instant housing of 41.26 square meters (hereinafter referred to as “the instant land”) located within the instant business zone in Gangseo-gu, Seoul. In addition, the Plaintiff is the owner who acquired the instant land and the instant housing.

B. On April 21, 2014, the Plaintiff applied for the parcelling-out of apartment units to the Defendant, but the Defendant, on June 20, 2014, constructed the instant housing on both the instant land and the instant G land owned by the Plaintiff and the Plaintiff’s younger than 106 square meters on both the instant G land, thereby recognizing the status of the buyer only one of the owners of the said two lands. Since the Defendant granted F the status of the buyer, it notified the Plaintiff of the result of the amendment to the management and disposition plan that the status of the buyer cannot be recognized as the buyer.

C. On August 8, 2014, the Defendant issued a management and disposition plan by the head of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “management and disposition plan of this case”).

A. The plaintiff was excluded from the subject of sale in the above plan.

The part of the above management and disposition plan excluding the plaintiff from the person subject to parcelling-out shall be referred to as "the disposition of this case".

(ii) [Grounds for recognition] unsatisfy, Gap evidence 1 to 5 (including branch numbers if any);

hereinafter the same shall apply.

No. 1 and the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the lawsuit of this case is legitimate

A. The defendant's decision on the defense prior to the merits is subject to the 90-day filing period for each of the instant lawsuits seeking the rejection of application for parcelling-out and the revocation of the instant disposition.

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