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(영문) 서울중앙지방법원 2010.10.01 2007가합93757
분양행위무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are entitled to the occupancy right of the Seoul Songpa-gu Seoul Metropolitan Government Special Supply Regulations on the Residents, etc. of National Housing (hereinafter “Special Supply Regulations”) or have the equivalent qualifications, in response to the compensation for the removal of their own land or buildings in the process of the implementation of various urban development projects, including the citizen apartment removal projects implemented by Seoul Metropolitan Government or its affiliated autonomous Gu from the mid-1990s, as prescribed by the Seoul Metropolitan Government Ordinance on the Special Supply of National Housing for the Residents, etc. (hereinafter “Special Supply Regulations”).

B. Around August 207, the Defendant, who is a business agent of an urban development project and a project implementer of a housing site development project, to be performed by the Seoul Special Metropolitan City pursuant to the relevant laws, such as the Local Public Enterprises Act, notified the aforementioned special supply right holders, including the Plaintiffs, of the allocation of apartment complex complexes and the lottery schedule of the same type. The sale price and payment method notified that it would be separately notified at the time of signing the contract after

C. The Defendant calculated the cost of housing site development for B district apartments according to the Ministry of Construction and Transportation’s announcement (C and the calculation standards and application methods of the cost of construction of public housing sites) and published the sale price and the sale price after deliberation by the Seoul Special Metropolitan City Deliberation Committee on Sale Price, August 31, 2007, and the same year for the aforementioned special supply apartment occupants including the Plaintiffs who completed the drawing of club water.

9.5. The sales price for each household (369,693,000 won or 378,408,000 won in the case of a seven-dimensional complex located in the plaintiff) and the method of payment are notified, and the contract guidance for granting the period for application for parcelling-out to one month (the permission for resale only once under certain conditions) was sent.

The plaintiffs include basic facilities installation costs and profits in the sale price of apartment houses in the zone B set by the defendant, and the housing site development cost is excessive.

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