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(영문) 서울행정법원 2019.07.19 2018구합82090
분양권확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is the Housing Redevelopment and Improvement Project Association established on December 29, 201 with the approval for the establishment of an association from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) for the purpose of implementing housing redevelopment and rearrangement projects (hereinafter “this case’s project”).

B. The plaintiffs are owners of land, etc. who own the building located within the project implementation district of this case. The plaintiff Gap owned 1/3 of the housing No. 1 of the attached Table No. 1 (hereinafter "the housing No. 1 of this case") No. 1 of the plaintiff B, C, and D (hereinafter "the plaintiff No. 2 of this case") among the housing No. 1 of the above housing No. 1 of the apartment No. 1 of the above housing No. 1, the plaintiff Eul owned the plaintiff No. 1 of the above housing No. 1 of the first floor No. 1 of the above housing No. 1, the plaintiff No. 2 of the above housing No. 2 of the plaintiff No. 2 of the above housing No. 2 of the plaintiff No. 2 of this case, the plaintiff No. 1 of the plaintiff No. 1 of the above housing No. 1 of the above housing No. 1, and the plaintiff J owned N of the above housing No. 1 of the second floor.

C. On January 26, 2017, the Defendant established a project implementation plan on the instant project and obtained approval of the project implementation plan from the head of Eunpyeong-gu and applied for parcelling-out from January 31, 2018 to the same year.

3. Within 30. The application for parcelling-out has been received from the members for multi-family housing newly constructed as the project in this case.

On February 13, 2018, all of the plaintiffs at the time filed an application for parcelling-out to the defendant with the purport that they would make a single parcelling-out to each household. D.

According to Article 24 (2) 1 of the former Seoul Special Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments (amended by Ordinance No. 4167 of December 30, 2003; hereinafter referred to as the "Ordinance of this case"), and Article 5 of the Addenda, the defendant shall convert each of the houses of this case into multi-households before the enforcement of the Ordinance of this case and register divided ownership.

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