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(영문) 서울행정법원 2019.09.06 2018구합86894

관리처분계획취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

The Defendant is a Housing Redevelopment Project Association established on December 29, 201 with the approval for the establishment of a housing redevelopment project (hereinafter “instant project”) from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) for the purpose of implementing the housing redevelopment improvement project (hereinafter “instant project”) on the Eunpyeong-gu Seoul Metropolitan Government and the 112,042 square meters of land in Eunpyeong-gu.

The Plaintiff is a person who owns a building, etc. indicated in the attached list, which is a building located within the zone where the instant project is implemented (hereinafter referred to as “each of the instant real estate”).

The defendant shall establish a project implementation plan for the project of this case and obtain authorization for the implementation of the project from the head of Eunpyeong-gu on January 26, 2017 and the application period for parcelling-out from January 31, 2018 to the same year.

3. Within 30. The application for parcelling-out has been received from the members for multi-family housing newly constructed as the project in this case.

On March 15, 2018, the plaintiff filed an application for parcelling-out with the defendant on March 15, 2018.

On October 15, 2018, the Defendant notified the Plaintiff of the content that “the subject of sale was excluded pursuant to relevant statutes and municipal ordinances, and is expected to be disqualified for membership in the event of the approval of the management and disposal plan (the scheduled date in February 2019),” and implemented the procedure for public perusal of the draft of the management and disposal plan from October 15, 2018 to November 15, 2018.

The relevant management and disposal plan was classified as the subject of cash settlement, and the Plaintiff submitted to the Defendant a public inspection statement to the effect that “The Plaintiff is residing in each real estate of this case with his family members from 2000 to 2018,” in accordance with the above public inspection procedure, the Plaintiff shall grant the Plaintiff a right to sell to the Plaintiff.”

On November 15, 2018, the Defendant held an extraordinary general meeting for the resolution of the above management and disposition plan and resolved on the management and disposition plan to make the Plaintiff the subject of cash settlement.

Since then, the defendant examined the plaintiff's public inspection opinion, and on December 21, 2018, "the plaintiff would include the plaintiff in the sale target."