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(영문) 수원지방법원 2016.11.29 2016구합64228

사업시행계획인가취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The association of this case is a housing redevelopment and rearrangement project partnership with the approval of establishment from the defendant for the purpose of implementing the housing redevelopment and rearrangement project (hereinafter “project of this case”) with the housing redevelopment and rearrangement project consisting of the housing unit C members of Suwon-si, Suwon-si as the rearrangement zone (hereinafter “instant rearrangement zone”). The plaintiff is the land owner in the rearrangement zone

B. The instant association held an extraordinary general meeting (hereinafter “instant general meeting”) on November 8, 2014, and formulated a project implementation plan with the consent of 189 members (including 179 members in writing) from among 257 members at the time, and 184, and obtained authorization for the implementation of the project from the Defendant on July 23, 2015.

(hereinafter referred to as the "disposition of this case" and the project execution plan of the association of this case which has been authorized as such shall be referred to as the "project execution plan of this case").

The instant association announced the application period for parcelling-out for the instant project from December 11, 2015 to February 19, 2016, but the Plaintiff did not apply for parcelling-out within the said period.

Meanwhile, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission dismissed the said appeal on February 24, 2016.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The summary of the Plaintiff’s assertion should be revoked on the following grounds.

Pursuant to Article 24 (3) 9-2 of the Urban Improvement Act, the formulation of a project implementation plan shall undergo a resolution of a general meeting, and pursuant to Article 30 subparagraph 9 of the Urban Improvement Act and Article 41 (2) 10, 11 and 12 of the Enforcement Decree of the same Act, the protocol and drawings of facilities based on maintenance, which are disused pursuant to Article 65 (2) of the Urban Improvement Act, and the appraisal report and drawings of newly installed infrastructure, and the report and drawings thereof.