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(영문) 광주지방법원 2018.11.08 2018구합10415
분양권확인청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. Gwangju Metropolitan City announced in Gwangju Metropolitan City on July 18, 2007, changed the size of a rearrangement zone after 127,230.53 square meters in the Seoul-dong-gu Seoul Special Metropolitan City, the area of the rearrangement zone at the time of the resolution of the management and disposal plan on May 4, 2018 is 126,43.60 square meters. B was designated as a rearrangement zone for the redevelopment project.

In addition, on August 29, 2007, the defendant obtained authorization from the head of the Dong-gu Gwangju Metropolitan City to implement the above redevelopment project.

B. In around 1996, Plaintiff A acquired ownership by newly constructing the Dong-gu Seoul Special Metropolitan City G H lending (hereinafter “instant lending”) located within the implementation zone of the said redevelopment project, and on April 1, 2015, Plaintiff A completed the registration of ownership transfer on the ground of sale on February 25, 2015 with respect to Plaintiff B’s subparagraph I among the Dong-gu G lending lending rooms of this case.

C. The Defendant received the application for parcelling-out from March 22, 2017 to May 30, 2017, and the Plaintiffs filed an application for parcelling-out with the Defendant within the aforementioned period.

On May 4, 2018, the Defendant: (a) at the general meeting of partners, allocated the reserved land to the “person who acquires the ownership of the land or building from one owner of the land, etc. after the authorization for establishment of the partnership; and (b) passed a resolution on the management and disposition plan to reflect the result of the instant lawsuit, etc. in the management and disposition plan (hereinafter “instant management and disposition plan”); and (c) on July 27, 2018, the head of the Dong-gu Seoul Metropolitan City approved the above management and disposition plan on the condition that he/she applied for

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12, 13, Eul evidence 1 to 4, and Eul evidence 7 (including each number), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination on this safety defense

A. Since the management and disposal plan of this case was approved by the head of Dong-gu, Gwangju Metropolitan City after the Defendant’s motion was resolved at the general meeting, the Plaintiffs.

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