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(영문) 서울행정법원 2018.11.30 2017구합86675

관리처분계획무효

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 8, 2010, the Defendant is a church that owned a house redevelopment consolidation project (hereinafter “instant real estate”) with an authorization granted by the head of Yeongdeungpo-gu Seoul Metropolitan Government on January 8, 2010 in order to implement the housing redevelopment project (hereinafter “instant project”) on the land size of 240-16 square meters, Yeongdeungpo-gu, Seoul Metropolitan Government. The Plaintiff is a housing redevelopment consolidation project association established with an authorization granted by the head of Yeongdeungpo-gu Seoul Metropolitan Government on January 8, 2010, and the Plaintiff is a church that owns a house of 243-26 square meters, Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter “instant land”) and its ground buildings (hereinafter “instant building,” combined with the instant land.

B. 1) The Defendant obtained approval of a project implementation plan from the head of Yeongdeungpo-gu Office on August 30, 2012 for the instant project (hereinafter “instant project implementation plan”) and obtained approval of the project implementation plan on August 30, 2012

) On October 26, 2012, the period for application for parcelling-out is set from October 26, 2012 to December 11 of the same year and newly constructed multi-family housing as the instant project (hereinafter “instant apartment”).

(1) after making an announcement of the application for parcelling-out to the members for parcelling-out (hereinafter referred to as "first application for parcelling-out").

(2) The Plaintiff filed an application for parcelling-out with the Defendant within the above period for filing an application for parcelling-out. (2) The Defendant established a management and disposal plan that includes the details of designating the Plaintiff as eligible for parcelling-out. The head of Yeongdeungpo-gu Office approved the above management and disposal plan on October 29

C. 1) The Defendant obtained approval for the implementation plan of the instant project from the head of Yeongdeungpo-gu Office on April 6, 2016, with regard to the application for the second application for parcelling-out and the change of the management and disposal plan (hereinafter the above-mentioned project implementation change plan)

In April 18, 2016, the period of application for repurchase from April 20, 2016 to April 20, 2016

5. The period of re-sale application, even if the application for parcelling-out was made within the existing period of application for parcelling-out.