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(영문) 서울행정법원 2016.04.07 2014구합74312

관리처분계획취소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The party's status is Songpa-gu Seoul Metropolitan Government J and one apartment complex on the ground (hereinafter "the apartment complex of this case") consists of apartment and commercial buildings (hereinafter "the commercial buildings of this case"). The defendant is a reconstruction association established for the reconstruction of the apartment complex of this case (hereinafter "the project of this case"), and the plaintiffs are members of the sectional owners of the commercial buildings of this case who agreed to establish the association of the defendant.

B. The sectional owners of the apartment complex of this case, such as project implementation authorization, held the inaugural general meeting on May 24, 2003, and the defendant obtained the authorization from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003 to establish the association.

After obtaining approval of a project implementation plan from the head of Songpa-gu Seoul Metropolitan Government on April 1, 2008, the defendant issued a notice of application for parcelling-out to its members on April 25, 2008, "it may be carried out in cash where the application for parcelling-out is not made until June 27, 2008," and the defendant received an application for parcelling-out from its members, and the plaintiffs applied for parcelling-out accordingly.

On July 15, 2013, the Defendant decided to revise the project implementation plan at the general meeting of partners, applied for authorization to revise the reconstruction project accordingly, obtained authorization to revise the project implementation plan from the head of Songpa-gu Seoul Metropolitan Government on December 26, 2013 (hereinafter referred to as "authorization to revise the project implementation of this case"), and the Defendant received an application for application for application for parcelling-out and for alteration of the plan from members from March 10 to April 30, 2014 according to authorization to revise the project.

C. On December 9, 2014, the Defendant held a general meeting of shareholders on December 9, 2014 and held the following matters as the agenda items No. 10, and “the instant management and disposition plan” refers to:

On January 27, 2015, the head of Songpa-gu Seoul Metropolitan Government approved the management and disposal plan of this case, and on January 29, 2015, the head of Songpa-gu Seoul Metropolitan Government announced it to K in the notification of Songpa-gu Seoul Metropolitan Government.

Article 4. Criteria and Prices of the previous assets