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(영문) 서울행정법원 2017.04.07 2016구합71966
관리처분계획 일부 취소
Text

1. The defendant on June 30, 2016 Seoul Special Metropolitan City.

Reasons

1. Details of the disposition;

A. The Defendant is the Housing Redevelopment Development Project Association established on April 29, 2008 to implement a housing redevelopment improvement project by making the Seoul Seodaemun-gu Seoul Seomun-gu G G 77,234.2 square meters as an improvement zone. The Plaintiffs A, B, D, and E own 1/5 shares of each of the 1/5 shares of the Seoul Seodaemun-gu Seoul Seomun-gu, the cement block structure, cement structure, and 83.14 square meters of a 83.14 square meters of a house with the above project area (hereinafter “the instant house”); the Plaintiff C purchased the said shares from the JJ owned the 1/5 shares of the instant house, but not yet completed the registration of transfer (see attached Table 1). The Plaintiffs are all the members of the Defendant (see attached Table 1).

[Attachment 1] On June 10, 2014, the date of receipt of the Plaintiff’s registration: (a) purchased from B on September 12, 2014, 1/50 1/50 from B on June 10, 2014; (b) purchased from B on September 11, 2014, B on June 4, 2007, 1/52/5 of the purchase, one/5 of which purchased from K on June 4, 2007; and (c) purchased from the Plaintiff’s agent on July 6, 2015, the J signed a sales contract with the Plaintiff on September 21, 201 as the purchase agent of L on September 5, 2015 from L on September 21, 2015 to 1/5 D.

B. The Defendant’s articles of incorporation, which was enacted and implemented in 2008, is defined as follows.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

(5) Where the rights of a union member are transferred due to transfer, inheritance, inheritance, judgment, etc., the rights and obligations of the union member shall be deemed changed to the person who has acquired the rights and obligations of the union member, and the person who has acquired the rights shall comprehensively take over the rights and obligations of the former union member

Article 49 (Sale by Units) (2) In cases falling under any of the following subparagraphs, several applicants for parcelling-out shall be regarded as one person for parcelling-out:

3. One house or one parcel of land;

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