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(영문) 대구지방법원 2020.05.13 2019구합20428
수분양자지위확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and rearrangement project association that implements B housing reconstruction and rearrangement project (hereinafter “instant project”) with the size of 45,836 square meters in Daegu Jung-gu as a rearrangement zone.

B. On May 10, 2017, the Defendant received authorization from the head of Daegu Metropolitan City to implement the instant project from the head of the Gu, and on July 7, 2017, the period for application for parcelling-out was determined from July 7, 2017 to August 11, 2017 and notified and announced the application for parcelling-out.

According to the notice of application for parcelling-out prepared by the Defendant, the same number, area for exclusive use, and contract area of appurtenant and welfare facilities are as shown in the attached Table 1, and the selling price of multi-family housing and appurtenant and welfare facilities shall be as shown in the attached Table 2, and the selling price of multi-family housing and appurtenant and welfare facilities shall be as shown in the attached Table 2, and the charges for each member shall be calculated

C. D owned a building for residential facilities (retail stores), 2, and 3 residential buildings (hereinafter “instant real estate”) in Daegu Jung-gu, Daegu-gu and its land located within the instant improvement zone. However, on October 26, 2017, the Plaintiff and F completed the registration of ownership transfer for each of 1/2 shares of the instant real estate on the grounds of sale and purchase as of July 22, 2017, and the Plaintiff filed an application for ownership transfer with the Defendant for an ancillary welfare facility within the period of application for ownership transfer.

As a result of conducting a survey on the application for parcelling-out of ancillary and welfare facility members, the Defendant increased the whole defense room from 17 to 22 of the ancillary and welfare facility G Dong (hereinafter referred to as the “instant ancillary and welfare facility”).

After that, on October 31, 2017, the Defendant notified the Plaintiff of the schedule of lottery for the same use as ancillary and welfare facilities, and the Plaintiff participated in the lottery and was selected in H heading for the instant ancillary and welfare facilities (exclusive use area of 99.6360 square meters).

E. The head of Daegu Metropolitan City in this case against the Plaintiff on February 20, 2018.

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