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(영문) 부산지방법원 2017.01.13 2016구합22736
분양거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant is an association that implements redevelopment improvement business in the Busan Dongdong-gu C, Busan, and the Plaintiff is the Plaintiff’s member of the said association as the owner of the two-story living facilities in Busan Dong-gu D, and the two-story living facilities in the block and the brick 1st floor in the 5.76m20m20m20m2 (hereinafter the above building and land combined with the above building and land, referred to as “the instant real estate”, and the above building are the same as the instant building).

B. From September 17, 2014 to October 16, 2014, the Defendant received the application for parcelling-out from an association member by setting a period. The notice for application for parcelling-out was written as follows.

1. Matters concerning the exception to the right to sell one unit of housing by a cooperative member (the details of the previous land or buildings for each person subject to parcelling-out) and two houses may be supplied within the scope of price or within the scope of the exclusive residential area of the previous house as of the date of the public announcement of the authorization to implement the project, and the exclusive residential area of one house among them shall not exceed 60 square meters.

(A) Where the previous appraised value or the previous exclusive residential area is at least one of the two housing amounts or sizes, two houses may be applied for a parcelling-out: Provided, That one house supplied with an area not exceeding 60 square meters shall not be resold (including sale, donation and all other acts accompanying changes in rights, but excluding inheritance) or arranged for resale thereof before three years have elapsed from the date following the date of public announcement of transfer under Article 54 (2).

C. On October 15, 2014, the Plaintiff filed an application for parcelling-out with respect to one apartment bond.

On March 11, 2015, the Defendant held a general meeting of shareholders and passed a resolution on a management and disposition plan, and the head of the Busan Metropolitan City Dong-gu Office approved the management and disposition plan (hereinafter “instant disposition”) on July 20, 2015, and publicly notified it on July 29, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 to 5, and Eul No. 1 to 5.

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