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(영문) 서울행정법원 2016.11.11 2016구합1639

관리처분계획취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the Housing Reconstruction Project Association established for housing reconstruction project that constructs apartment units and neighborhood living facilities on the sum of 21,722 square meters in Songpa-gu Seoul Metropolitan Government (existing B apartment units and B store parts) and 24,036.4 square meters in Songpa-gu Seoul Metropolitan Government D major 2,314.4 square meters (existing E apartment units and E store parts) (hereinafter “instant project area”) and approved on December 14, 2009.

B. The Plaintiff is the Defendant’s member, as the owner of the ground E in Songpa-gu Seoul Metropolitan Government D ground in the instant project zone, set forth in subparagraphs 1, 2, and 101, 102, 103, and 104.

C. On October 5, 2015, the Defendant Union held an extraordinary general meeting in 2015, and resolved on the “case of the resolution on the management and disposition plan (draft)” as the agenda item 4 (hereinafter “instant management and disposition plan”), and the head of Songpa-gu Seoul Metropolitan Government approved the instant management and disposition plan on November 17, 2015 and announced it on the 19th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 10, Gap evidence 9-1 through 6, Gap evidence 11-1 through 6, the purport of the whole pleadings

2. Whether the lawsuit in this case is legitimate, the Plaintiff asserted that the appraisal of the previous assets on the building owned by the Plaintiff was erroneous in the appraisal of the utility index by floor, location index, utility index by commercial building, environmental condition of commercial building, structure, size, construction, and management condition of the building, and sought revocation of the part of the appraisal of the previous assets on the Plaintiff in the management and disposal plan in this case.

However, on October 26, 2015, prior to the continuation of the instant lawsuit, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of the part concerning neighborhood living facilities of the instant management and disposition plan and the revocation of the part concerning neighborhood living facilities of the instant management and disposition plan as Seoul Administrative Court No. 2015Guhap11745, and the duplicate of the complaint reached the Defendant on November 4, 2015.