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(영문) 서울행정법원 2015.08.21 2014구합20407

사업시행인가무효확인

Text

1. All of the plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, the part resulting from the participation.

Reasons

1. Basic facts

A. The Defendant is a maintenance and improvement project association established for the purpose of promoting the housing redevelopment project of Seongbuk-gu Seoul Metropolitan Government B (hereinafter “instant project”), and the Plaintiffs and the Plaintiff’s Intervenor are owners of lands, etc. located within the instant project zone.

B. The Defendant carried out the instant project as follows.

The approval of the management and disposition plan on October 24, 201 for the change of the project execution plan on October 24, 2013 for the change of the project execution plan on October 24, 201, which was made on June 25, 2009, for the establishment of the project execution plan on December 28, 201 for the approval of the establishment of the association on June 25, 2009 (hereinafter referred to as the "project execution plan in this case"). The approval of the management and disposition plan on April 24, 2014 for the formulation of the management and disposition plan on December 27, 2013, for the change of the project execution plan.

C. At present, the Defendant is currently running the removal work of the buildings within the instant project zone, and is still bringing an action against union members and cash clearingors who do not order the land and buildings to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted that “the project cost was increased by at least 10%,” under the title “2. procedural defect” from the preparatory document dated June 19, 2015, the Plaintiffs are deemed to have satisfied the requirements for consent aggravated at the general meeting for the formulation of a project implementation plan,” and that there is no specific assertion related thereto. Accordingly, it is not separately determined.

The defendant presented a draft project implementation plan to a special general meeting for the formulation of a project implementation plan on December 28, 2011, and is "Urban Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents" below the "Urban Maintenance and Improvement of Urban Areas

Article 30 Subparag. 7-2 of the Enforcement Decree of the Act on the Improvement of Urban Areas and Article 41(2)4, 7, 8, 11, and 12 of the Enforcement Decree of the Act on the Improvement of Urban Areas and Article 41(2)5 of the Enforcement Decree of the Act on the Improvement of Urban Areas and Dwelling Areas are omitted.