관리처분계획인가 취소 청구 등
1. The plaintiffs sought to revise the management and disposal plan among the lawsuits against the defendant G GHousing Reconstruction Project Association.
1. Plaintiff B, Plaintiff C, Plaintiff D’s 405, 507, 405, 407, 405, 405, 405, 405, 405, 404, 504, 504, 510
A. The Defendant Association is a housing reconstruction project association established for the purpose of implementing the housing reconstruction improvement project (hereinafter “instant rearrangement project”) of the Gangdong-gu Seoul Metropolitan Government H apartment (hereinafter “instant apartment”), and the Plaintiffs are the members of the Defendant Association as the owners of land, etc. who owned part of the instant apartment as indicated below.
B. On April 29, 2011, the Defendant Union received project implementation authorization from the head of the Gu (hereinafter “instant project implementation authorization”), and the said project implementation authorization was publicly announced on May 4, 201.
C. On May 2, 2014, the Defendant Union obtained the project implementation authorization from the head of the Gu (hereinafter “instant project implementation authorization”) and the said project implementation authorization was publicly notified on May 7, 2014.
From July 3, 2014 to August 2, 2014, the Defendant Union received an application for parcelling-out from the members of the Defendant Union, and all the plaintiffs filed an application for parcelling-out within the aforementioned period for parcelling-out.
E. On October 11, 2014, the Defendant Union established the instant management and disposition plan by holding an extraordinary general meeting, and by resolving a case of approval of the management and disposition plan as an agenda item 5.
F. The head of the Defendant, on December 8, 2014, authorized the instant management and disposal plan, and announced it on December 10, 2014.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1-6, Gap evidence 2-10, and the purport of whole pleadings
2. We examine the legitimacy of this part of the lawsuit by ex officio determination on the legitimacy of the conjunctive claim seeking the modification of the management and disposition plan among the lawsuits against Defendant G GHousing Reconstruction and Improvement Project Association.
According to the current Administrative Litigation Act, a lawsuit or court seeking an execution judgment ordering an administrative agency to take a certain administrative disposition.