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(영문) 서울행정법원 2020.11.03 2019구합5304

관리처분계획일부무효

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a cooperative established to implement a housing reconstruction improvement project with the size of 65,53.5 square meters in Mapo-gu Seoul Metropolitan Government as a rearrangement zone, and completed the establishment registration on July 30, 2003 with the authorization of establishment on May 27, 2003. The Defendant completed the establishment registration on June 26, 2012 with the authorization of establishment modification on June 29, 2012.

B. The Plaintiff was the Defendant’s member who owned the Mapo-gu Seoul Mapo-gu 2nd E (hereinafter “instant real estate”), an aggregate building in the instant improvement zone.

C. Upon obtaining authorization to implement a project on August 21, 2013, the Defendant publicly announced the application period for parcelling-out as the period for applying for parcelling-out and received authorization from the head of Mapo-gu Seoul Metropolitan Government on June 3, 2016, which was publicly notified on June 9, 2016.

(hereinafter referred to as the above, the management and disposal plan authorized and publicly announced is referred to as the “management and disposal plan of this case”).

The articles of association of the Plaintiff’s association relating to this case are as follows.

Article 9 (Qualifications, etc. for Members) (1) Members shall be the owners of lands, etc. under subparagraph 9 (b) of Article 2 of the Act (hereinafter referred to as "owners of lands, etc.") who have consented to establishing an association.

Article 11 (Loss of Membership) (1) Where a member transfers the ownership of a building, the status of being selected as an occupant, etc., he/she shall immediately lose his/her membership.

(2) A person who is not qualified as a cooperative member shall be automatically disqualified pursuant to the relevant Acts and subordinate statutes and the articles of association.

(4) Where a member of the cooperative falls under any of the following subparagraphs, the cooperative shall liquidate in cash the buildings and other rights within 150 days from the date on which he/she falls under any of the following subparagraphs:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by two or more appraisal business entities recommended by the head of Si/

1. An applicant for parcelling-out;

2. Revocation of the application for parcelling-out;