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(영문) 수원지방법원 2020.12.24 2020구합62526
협의양도인택지 수분양권자 지위 확인 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant obtained authorization from the competent Minister pursuant to Article 6(1) of the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 12251, Jan. 14, 2014; hereinafter the same) to designate the instant project district as the Bogeumjari Housing District pursuant to Article 6(1) of the same Act.

B. The Plaintiff was the owner who completed the registration of ownership transfer on December 12, 1995 with respect to the land of this case, which was incorporated into the instant project zone, 2,458 square meters (hereinafter “instant land”). The Defendant acquired the instant land by consultation from the Plaintiff on May 29, 2015 and completed the registration of ownership transfer on June 11, 2015.

A person subject to the supply: The supply price of the exclusive residential site within the project district, which is transferred to the defendant through consultation all the land owned in the project district (including public land subdivision) from May 17, 201 before the base date: The supply price of the exclusive residential site within the project district shall be determined by lot if the amount of application for the supply of the housing site determined by lot exceeds the amount planned in the district plan (excluding the store housing) for the land subject to the supply: Provided, That where the land in the project district is owned or acquired by inheritance after the designation of a development-restricted zone under the Act on Special Measures for Designation and Management of Development Restriction Zones is supplied to the transferor of the land in the project district before the designation of the development-restricted zone under the Act on Special Measures for Designation and Management of Development Restriction Zones or after the designation of the development-restricted zone, if a person who did not receive the housing site due to the fall by lot, etc. desires, the special housing for sale shall be 85 square meters or less in the district that is supplied under the general sale condition under the Housing Site

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