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(영문) 서울행정법원 2019.06.27 2018구합4960

관리처분계획 일부무효 및 일부취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Defendant is the Housing Reconstruction and Improvement Project Association approved on October 14, 2003 by the head of Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Gangnam-gu") for the purpose of implementing the Housing Reconstruction Improvement Project in Gangnam-gu Seoul Metropolitan Government 399,741.7 square meters (hereinafter referred to as the "instant rearrangement zone"), and the Plaintiff is the owner of land, etc. who owns neighborhood living facilities in the instant rearrangement zone.

On May 4, 2016, the Defendant received project implementation authorization for a housing reconstruction project from the head of Gangnam-gu, and gave guidance on the application period for parcelling-out to its members (hereinafter “instant parcelling-out guidance”) from July 4, 2016 to August 31, 2016.

On July 27, 2017, the Defendant held a general meeting to formulate a management and disposal plan and apply for authorization (hereinafter referred to as “instant general meeting”) and resolved on a management and disposal plan (hereinafter referred to as “instant management and disposal plan”). On April 6, 2018, the Defendant received a management and disposal plan for the housing reconstruction project from the head of Gangnam-gu Office.

(2) The Plaintiff’s assertion of the purport of the entire argument and the purport of the disposition in the instant management and disposition plan is unlawful on the following grounds that the part related to the neighborhood living facilities in the instant management and disposition plan is unlawful: (a) there is no dispute with the instant management and disposition plan; (b) there is no conflict with the Plaintiff; (c) evidence Nos. 1 and 2; and (d) the Plaintiff

Despite the determination of the area, location, direction, etc. of the newly constructed neighborhood living facilities after the completion of the ground plan concerning the remaining neighborhood living facilities in the event that the appraised value of the residual assets of the neighborhood living facilities was not determined, the management and disposal plan of this case did not present the appraised value of the intangible

The management and disposal plan of this case, in which the amount of revenue deposits for general sale is omitted, shall be matters concerning the general sale of neighborhood living facilities directly and directly connected to the profitability of the project and revenues based thereon.