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(영문) 광주지방법원 2019.06.20 2018구합708
분양청구권확인
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 a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project for the Dong-gu Seoul Special Metropolitan City Seoul Special Metropolitan City 126,433.6 square meters (hereinafter “instant rearrangement zone”). The Plaintiff acquired on June 3, 1993 the ownership of 33 square meters in the Dong-gu Seoul Special Metropolitan City D (hereinafter “instant land”) and the 27.1 square meters in the first floor in the ground ground of the instant rearrangement zone.

B. On September 11, 2012, on the instant land, the ownership transfer registration was completed to E on September 24, 2012 due to the sale by compulsory auction, and on November 19, 2012, the ownership transfer registration was completed to F on November 19, 2012.

C. On March 23, 2017, the Defendant sent a notice of application for parcelling-out to the Plaintiff and F to the Plaintiff for parcelling-out from March 22, 2017 to May 20, 2017 by registered mail, and the notice sent to the Plaintiff was not returned to the Defendant.

The Plaintiff submitted an application for parcelling-out on April 25, 2017, but the Defendant rejected the application for parcelling-out on the ground that the owner of the instant land and the building on the ground are different.

E. On May 18, 2017, the Defendant sent to the Plaintiff a written guide for extension of application for parcelling-out to the extent that the period of application for parcelling-out is extended from May 21, 2017 to May 30, 2017.

F. The Defendant established a management and disposal plan that designates the Plaintiff as a person subject to cash settlement (hereinafter “instant management and disposal plan”), and obtained authorization from the head of the Dong-gu Gwangju Metropolitan City on July 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 5 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, 2, 5, 7, and 8, and the purport of the whole pleadings

2. The plaintiff's assertion did not receive a notice of application for parcelling-out and an extension guide for the period of application for parcelling-out, and the defendant's refusal to apply for parcelling-out is illegal.

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