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(영문) 서울서부지방법원 2016.11.16 2015가합33052
소유권이전등기
Text

1. Of the instant lawsuits, each part of the claims for the performance of the procedure for cancellation registration shall be dismissed.

2. The plaintiff's defendant (appointed party) and the defendant.

Reasons

1. Basic facts

A. A. On March 23, 2006, the Seoul Special Metropolitan City Mayor publicly announced the Eunpyeong-gu Seoul Metropolitan City Seoul Metropolitan City Seoul Metropolitan City W W large 2609m2,89m2 as an urban and residential environment improvement zone. 2) The “A district Housing Reconstruction Improvement Project Promotion Committee” (hereinafter “instant promotion zone”) constituted for the purpose of implementing the housing reconstruction improvement project (hereinafter “instant project”) within the said planned improvement zone, and obtained approval from the head of Eunpyeong-gu from the head of the Gu (hereinafter “instant approval plan”).

3) The instant project zone was reduced to 23260 square meters on December 24, 2009. (B) The instant project zone was approved by the head of Eunpyeong-gu, the head of Eunpyeong-gu, pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

2) The owners of land, etc. within the instant project zone, including Defendant B, [referring to “owners of land, etc.” under Article 2 subparagraph 9 (b) of the Urban Improvement Act.

[2] On September 5, 2012, a part of the company filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission (Seoul Administrative Appeals Commission) seeking to confirm the invalidity of the disposition approving the establishment of an association and the preceding disposition approving the establishment of an association on January 14, 2013, and confirmed that the preceding disposition approving the establishment of an association was invalid because of a significant and apparent defect with the consent rate is insufficient. The remainder of the claims regarding the disposition approving the establishment of an association was dismissed. 3) At the time of the instant implementation, a lawsuit was filed in the name of a district A Housing Reconstruction and Improvement Association. On March 22, 2013, an administrative litigation (Seoul Administrative Court 2013Guhap8431) seeking the revocation of the invalid portion among the above rulings, but the judgment dismissing such claim was finalized on October 24, 2010, and the above judgment became final

4 In addition to the above case, Defendant B made a prior approval order against the head of Eunpyeong-gu on May 10, 2013 and the prior approval order.

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