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(영문) 서울행정법원 2017.04.07 2016구합53128

관리처분계획취소

Text

1. The plaintiff A commercial council shall reject the lawsuit.

2. The plaintiff B, C, D, E, F, G, H, I, J, and K's primary claims and ancillary claims.

Reasons

Details of the disposition

The Defendant is the Housing Reconstruction Project Association established with the approval of establishment on February 19, 2010 from the head of Gangdong-gu Seoul Metropolitan Government with the aim of implementing a housing reconstruction project that constructs multi-family housing and neighborhood living facilities with the size of 211,408 square meters in Gangdong-gu Seoul Metropolitan Government as a project implementation district (hereinafter “instant project district”).

Plaintiff

A The Commercial Building Council (hereinafter referred to as the "Plaintiff Commercial Building Council") is a non-corporate body comprised of the co-owners of the commercial buildings located within the instant business zone (hereinafter referred to as "co-owners"), among the defendant's members, and the rest of the plaintiffs are the members of the Plaintiff Commercial Building Council.

The defendant received an application for parcelling-out from its members from September 21, 2012 to December 9, 2012 after receiving an authorization to implement the project on July 25, 2012.

(2) The Defendant, on April 14, 2014, obtained authorization for the change of the project implementation on April 16, 2014, and publicly notified the change thereof on April 16, 2014, notified the members of the association on May 30, 2014, and received an application for change from June 1, 2014 to June 30, 2014 (hereinafter referred to as “second application for parcelling-out”). The Defendant held a general meeting on May 30, 2015 and resolved on the “case of the resolution on the management and disposition plan (hereinafter referred to as “instant management and disposition plan”), and the head of Gangdong-gu Seoul Metropolitan Government approved the instant management and disposition plan on November 12, 2015.

The main contents of the management and disposal plan of this case concerning commercial buildings shall be as specified in attached Form 1.

【The defendant's main defense against the plaintiff's commercial building council as to the facts without dispute, Gap's evidence Nos. 3, Eul's evidence Nos. 6 through 9, 13, and 14, and the purport of the whole pleadings. However, the defendant's main defense against the plaintiff's main defense against the plaintiff's commercial building council is dismissed, since the plaintiff's commercial building council has no standing to sue

judgment on the case.