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(영문) 서울행정법원 2018.10.12 2018구합54606

사업시행계획변경결의 무효확인의 소

Text

1. As to the instant case at the ordinary meeting of June 28, 2018, the Defendant’s resolution on the amendment of the operating plan (Article 6).

Reasons

1. Case history

A. On December 18, 2015, the Defendant is a housing reconstruction and rearrangement project association that obtained authorization for establishment from the head of Seocho-gu Seoul Metropolitan Government on December 18, 2015 for the purpose of removing A (hereinafter “instant apartment”) located on the project implementation district (hereinafter “instant project implementation district”) and constructing a new apartment (hereinafter “instant project”). The Plaintiffs are the Defendant’s association members holding 35 square meters apartment units among the instant apartment units.

B. On October 31, 2015, the Defendant held an inaugural general meeting, and the “data for Deliberation by the Committee on the Verification of Estimated Contributions for Members (Evidence A)” distributed to the members at the time included the following:

An area or a district: A general residential area, apartment zone - building size: 3: 3rd to 27th above ground, 207 units below ground, and 207 units (including 25 units of rental housing out of the share of a cooperative member): Floor area ratio: 299.98% of the previous types of electric-type appraisal value per 337% of the previous assets, the highest price for the summary appraisal of the number of households in the previous types of electric-type appraisal value (building size) was 17 square meters (50.64 569,60,600,000 536,60,601,00 (hereinafter referred to as 31,564,000 square meters) on the basis of the difference between the previous types of appraisal and assessment value per 17 square meters and the previous appraisal and assessment value per 15.16,308,708,708,705,708,705,708, etc. of the previous appraisal and assessment and assessment value per unit.

The average unit price (cost) gap between the average unit price (cost) price per square meter in supply of household units with the unit price of 42.25.25 42,9.81 59.81 32,900,000 1.00 595,24,000 square 24 square 26.70 square 24 square 125 32,900,000 125 32,900,000 125 32,90,000 790,507,000 square 41 square 41 square mar 106.50