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(영문) 서울행정법원 2019.06.21 2018구합73713
1인 분양대상자확인등
Text

1. The plaintiff confirms that he/she is the defendant's individual purchaser.

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

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established on April 29, 2008 in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) using the Seodaemun-gu Seoul Metropolitan Government Seoul Seomun-gu 77,234.2 square meters as a project implementation district. On September 21, 2011, the Plaintiff is a member of the Defendant, who acquired 1/5 shares of co-ownership of 1/5 of the Seoul Seo-gu, Seomun-gu, Seoul, a State-owned land located within the said project implementation district (hereinafter “instant housing”).

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners 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 only the number of households permitted for construction as multi-family house, in cases of multi-household houses (including de facto multi-family houses which obtained a construction permit as a detached house before introducing the multi-family house system on April 21, 1990 and completed the registration of equity or division) which completed the registration of equity or sectional ownership by household on or before January 15, 1997, one person for each household shall be eligible for parcelling-out, respectively.

B. The Defendant’s articles of incorporation, enacted in 2008, provides for the qualification of members and the conditions of persons subject to sale as follows:

C. The Defendant is the Seoul Special Metropolitan City on June 22, 2011.

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