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(영문) 서울행정법원 2019.11.22 2019구합65702
조합설립인가 변경신고 수리거부처분 취소의 소
Text

1. The defendant's disposition to refuse to accept the report of modification of authorization for establishment of reconstruction and maintenance project cooperatives against the plaintiff on May 9, 2019.

Reasons

1. Details of the disposition;

A. The Plaintiff is a housing reconstruction and rearrangement project association that obtained approval for the establishment of a housing reconstruction project from the Defendant on April 22, 2016 for the purpose of implementing a housing reconstruction improvement project in Seongdong-gu Seoul Metropolitan Government B (hereinafter “instant rearrangement zone”).

B. In the instant rearrangement zone, the owner of Seongdong-gu Seoul building No. 1 Floor D (hereinafter “instant one”) was the Plaintiff’s member, and the Plaintiff’s member entered into a sales contract with F on September 6, 2018 with respect to the instant one (hereinafter “instant one sales contract”).

E received the remainder of 550 million won from F on December 6, 2018, and completed the registration of ownership transfer for the instant one house to F on the same day.

Seller: E/Buyer: F sale price: 70 million won: 70 million won (payment at the time of a contract) and part payment: KRW 150 million (payment on October 31, 2018) and remainder: 550 million (payment on December 6, 2018): 50 million won (payment on December 6, 2018).

C. On October 16, 2018, E and her husband G entered into a sales contract with H with respect to the I building J (hereinafter “instant two houses”) owned by H as follows (hereinafter “instant two sales contract”).

E and G completed on November 27, 2018 the registration of ownership transfer (each of 1/2 shares) with respect to the instant two houses.

A seller: H/joint buyer: 450 million won down payment: 45 million won (payment at contract and receipt at contract): The remainder of KRW 140 million (payment on November 1, 2018): 260 million (payment on November 30, 2018):

D. On May 7, 2019, the Plaintiff filed an application with the Defendant for authorization for change of the establishment of an association with the purport that the status of union members was changed from E to F due to the transfer of the instant one house. On May 9, 2019, the Defendant rendered a disposition rejecting the said application for the following reasons (hereinafter “instant disposition”).

The Act on the Maintenance and Improvement of Urban Areas;

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