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(영문) 서울행정법원 2017.09.15 2016구합79489
기타(일반행정)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is the owner of a plot of land, etc., of Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, 77,234.2 square meters (hereinafter “instant rearrangement zone”) established to implement a housing redevelopment improvement project, and the Plaintiff is the owner of a plot of land, etc. who owns D66 square meters of Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant land”).

B. The head of Seodaemun-gu Seoul Metropolitan Government approved the project implementation plan against the defendant on June 24, 2009, and announced it on the same day, and the defendant received the application for parcelling-out from the members from March 17, 2014 to April 25, 2014.

C. On June 16, 2016, the Defendant announced the Plaintiff that “Around June 16, 2016, the Plaintiff did not own a building in the instant improvement zone and only owned the instant land the area of which is 66 square meters, and thus, the Plaintiff’s household members, including the Plaintiff, and all of the household members, do not own a house pursuant to Article 49(1)2 of the Defendant’s articles of incorporation, the Plaintiff is entitled to purchase a parcel of land. However, on April 5, 2011, the Plaintiff acquired a building on the ground of Seodaemun-gu Seoul Metropolitan Government (hereinafter “the instant building”) (hereinafter “the instant building”) and owned the building until now, it is deemed that the Plaintiff would be divided into a cash liquidation who is not the object of

The defendant established a management and disposal plan to exclude the plaintiff from the purchaser, and the head of Seodaemun-gu Seoul Metropolitan Government approved the management and disposal plan on June 30, 2016 and announced it on July 6, 2016.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 3, the purport of the whole pleadings and arguments

2. The Plaintiff asserts that the Defendant has the right to purchase multi-family housing newly built in accordance with the redevelopment project for housing executed by the Defendant, and seeks confirmation of the right to purchase the housing.

Where there is a dispute over the contents of the management and disposal plan determined after the application for parcelling-out, the management plan shall.

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