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(영문) 서울고등법원 2013.05.23 2012누28423

관리처분계획일부무효확인

Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs' primary claims are dismissed.

3. The plaintiffs are the defendants.

Reasons

1. Facts of recognition;

A. 1) On December 15, 2003, the Seoul Metropolitan Government designated and publicly announced the 24,796m2 in Seongdong-gu Seoul Metropolitan Government as a housing redevelopment improvement zone (Notice E). 2) In order to implement a housing redevelopment project in the said housing redevelopment zone, the Defendant obtained authorization for the establishment of the association from the head of Seongdong-gu Seoul Metropolitan Government Office on September 8, 2004, by a partnership consisting of the owners of the land or building located within the said housing redevelopment improvement zone.

3) Plaintiff A is the owner of 101, a commercial building (10,000, the building area of 85.8 square meters, site area of 46.28 square meters, business registration, and price of 336,530,000 as of the date of public announcement of project implementation authorization) among the above commercial buildings and multi-households located within the above housing redevelopment improvement zone. Plaintiff B is the owner of the above commercial buildings and multi-households of 36.08 square meters, the site area of 33.05 square meters, the site area of 33.05 square meters, the business registration completion, and the project implementation authorization date of 52,460,000 won. B. The head of Seongdong-gu Seoul Metropolitan Government Office announced the project implementation authorization of the housing redevelopment project (hereinafter “instant project”). On March 13, 2006, the head of Seongdong-gu Seoul Metropolitan Government publicly announced the project implementation authorization of the housing redevelopment project (hereinafter “instant project”).

2) Accordingly, the Defendant Union notified the members, including the Plaintiffs, of the application for parcelling-out to the apartment and commercial building to be newly constructed as the project of this case (hereinafter “instant application for parcelling-out”).

3) Accordingly, 18 members of the defendant association including the plaintiffs among the members of the defendant association filed an application for parcelling-out with commercial buildings, and the remainder applied for parcelling-out with respect to apartment buildings.

C. A management and disposal plan 1) The Defendant Union’s management and disposal plan for the instant project based on the current status of the application for parcelling-out (hereinafter “instant management and disposal plan”).

the following. < Amended by Presidential Decree No. 19609, Dec. 1, 200