관리처분총회결의 무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).
1. Basic facts
A. On April 19, 2010, the Defendant was a Housing Redevelopment and Improvement Project Association established on April 21, 2010 with the approval of the head of Yongsan-gu Office for the purpose of implementing the Housing Redevelopment and Improvement Project (hereinafter “instant project”) in Yongsan-gu Seoul Metropolitan Government D Mangcheon-gu (hereinafter “instant rearrangement zone”), and the Plaintiff (appointed parties) and the designated parties (hereinafter “Plaintiffs”) were the owners of the land and buildings in the instant rearrangement zone.
B. On September 7, 2011, the Defendant: (a) held a general meeting of partners and established a project implementation plan to newly construct an apartment with approximately 59 square meters in a house with approximately 71 households, approximately 84 square meters in exclusive use area; (b) 82 households in a house with approximately 114 square meters in exclusive use area; and (c) 34 households in a house with approximately 114 square meters in exclusive use area (hereinafter “the first project implementation plan”); and (d) approved the first project implementation plan on January 19, 2012
(hereinafter referred to as “the first project implementation authorization”)
The defendant received the application for parcelling-out from March 26, 2012 to April 30, 2012.
The defendant, through two appraisal corporations selected by the head of Yongsan-gu, conducted an appraisal and assessment of the previous assets of the members who applied for parcelling-out as of January 19, 2012, which is the date of public announcement of the first project implementation authorization, and calculated the arithmetic mean of the values of the following appraisal and assessment at the prices of the previous assets
E. On September 13, 2013, the Defendant: (a) held a general meeting of its members to formulate a management and disposal plan according to the first project implementation plan; and (b) approved the management and disposal plan on February 11, 2014 by the head of Yongsan-gu.
F. On July 18, 2014, the Defendant: (a) held a general meeting of members to build a housing with approximately 114 square meters of exclusive use area; and (b) established a project implementation plan to newly build an apartment building with approximately 81 households and approximately 84 square meters of housing with approximately 59 square meters of exclusive use area; and (c) to build an apartment building with about 199 square meters of total number of 118 households (hereinafter “former project implementation plan”).