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(영문) 수원지방법원 2018.11.07 2018구합61797
수분양자지위확인 등
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. In order to implement a housing redevelopment improvement project (hereinafter “instant project”) with approximately KRW 171,652 square meters of land in Suwon-si, Suwon-si, the Defendant obtained authorization for the establishment from the Suwon-si mayor on January 6, 2010, and completed the registration of incorporation on January 12, 2010, and the Plaintiff is the owner of the housing with two floors D located in Suwon-si, Suwon-si, Suwon-si, and the Plaintiff is the owner of the housing with two floors located in the instant project area (hereinafter “instant real estate”).

B. On February 20, 2016, the Defendant issued a notice of the first application for parcelling-out to the Plaintiff for parcelling-out, setting the period from February 20, 2016 to April 4, 2016, but the Plaintiff failed to receive the notice.

On April 4, 2016, the Defendant extended the period for application for parcelling-out to April 24, 2016, from April 5, 2016 to April 24, 2016, and sent a notice of second application for parcelling-out to Gangnam-gu Seoul Metropolitan Government E apartment and 406 Dong 1304 (hereinafter “E apartment 406 Dong 1304”), and the said notice of application for parcelling-out was served on April 5, 2016 by “F”.

The plaintiff did not apply for parcelling-out within the above period of application for parcelling-out.

C. Meanwhile, the Plaintiff’s domicile on the registry of the instant real estate was Sungnam-si, the Si of Sungnam-si. On May 24, 2010, the Plaintiff filed a resident registration move-in report with E apartment 406 dong 1304, and the Defendant, on August 18, 2015, prior to the issuance of the notice for each of the above applications for parcelling-out, filed a resident registration move-in report with the Gangnam-gu Seoul Gangnam-gu E apartment and 401 Dong 1303 (hereinafter “E apartment 401 Dong 1303”) (hereinafter “E apartment 401 Dong 1303”), and returned to the United States on June 7, 2015, and returned to Korea on January 3, 2017.

The defendant, on the ground that the plaintiff did not file an application for parcelling-out within the period of application for parcelling-out, excluded the plaintiff from the objects of parcelling-out, and formulated a management and disposal plan that includes the details of the designation of the objects of cash settlement, and obtained approval from the head of Suwon market on March 23, 2017, and the plaintiff in the management and disposal plan

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