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(영문) 서울행정법원 2015.06.05 2015구합1847
수분양권확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 29, 2013, the Defendant obtained authorization for the establishment of a housing redevelopment project with the project area of Eunpyeong-gu Seoul Metropolitan Government 36,427.5 square meters as a project implementation district (hereinafter “instant rearrangement project”), and obtained authorization for the establishment of a housing redevelopment project association with the authorization for the implementation of the project on March 29, 2013. The Plaintiffs between husband and wife are the members of Eunpyeong-gu Seoul Metropolitan Government E 201.

B. On September 3, 2013, under Article 46 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 47 of the Enforcement Decree of the same Act, the Defendant publicly announced the period for application for parcelling-out as from September 3, 2013 to November 1, 2013. On November 1, 2013, the above period for application for parcelling-out was extended from November 2, 2013 to November 21, 2013, and issued a notice for application for parcelling-out to the Plaintiffs by registered mail at least twice.

C. On October 11, 2013, and October 29, 2013, the Defendant directed the Plaintiffs to apply for parcelling-out by telephone on two occasions. D.

However, the plaintiffs did not file an application for parcelling-out within the above period for parcelling-out.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. Although the notice of application for parcelling-out sent to the plaintiffs was returned due to the absence of closure, the plaintiffs did not fulfill their duty to notify the plaintiffs of the application for parcelling-out, so the plaintiffs still have the right to purchase an apartment in the improvement project of this case.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Article 47(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, for a project implementer who fails to apply for parcelling-out, within 90 days from the date following the date of obtaining an administrative disposition

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