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(영문) 인천지방법원 2019.04.25 2018구합52611
관리처분계획 일부 취소
Text

1. The Plaintiffs in the management and disposal plan approved by the vice-market on May 2, 2018 are jointly subject to purchase.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and consolidation project partnership that was established with the approval of the establishment of the association from the Incheon City Mayor on June 4, 2010 in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the Seocheon-si D/E Dong as an improvement zone.

Plaintiff

A on July 21, 2009, the registration of ownership transfer for 43/2,110 shares among the 2,110 square meters in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul in the above improvement zone and for 1/10 shares among the buildings on the ground thereof is completed. Plaintiff B completed the registration of ownership transfer for Y of Seocheon-gu G Housing located in the above improvement zone on August 31, 2016.

B. The Defendant received the application period for parcelling-out for the instant project from April 6, 2017 to May 19, 2017 by setting the period for filing an application for parcelling-out, and received the application period for parcelling-out by extending the period for filing an application for parcelling-out to June 30, 2017. The Plaintiffs filed an application for parcelling-out with the Defendant within the period for filing an application for parcelling-out.

C. At the time of June 30, 2017, the basic date of the management and disposition plan, the Defendant: (a) formulated a management and disposition plan that regards the Plaintiffs as one person eligible for parcelling-out, on the ground that they belong to the same household on the resident registration basis; and (b) accordingly, the Defendant was authorized from the Busan City Mayor on December 30, 2018, following a resolution of the general meeting of partners to sell only one house.

(hereinafter) Of the above management and disposition plan, the part which determined the plaintiffs as eligible for parcelling-out shall be referred to as "the disposition of this case"). / [Grounds for recognition] without dispute, each entry in Gap evidence Nos. 5 through 8 (including numbers), and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. At the time of the date of the management and disposition plan, Plaintiff A’s assertion was registered as the same household on the Plaintiff B and the resident registration, but actually did not reside with Plaintiff B.

Therefore, the plaintiffs are one household.

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