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(영문) 서울행정법원 2012.05.24 2011구합12061

관리처분계획무효확인

Text

1. All applications for interventions by independent parties shall be dismissed;

2. All plaintiffs' claims are dismissed.

3...

Reasons

1. Details of the management and disposal plan;

A. On February 25, 200, the Mayor of Seoul Metropolitan Government announced the G Apartment Zone Development Master Plan on P, Q. 367,864 m3 m2 in Gangseo-gu Seoul Metropolitan Government as announcedO on February 25, 200. According to the above district development master plan, Eju-gu, the area of which is 139,753.9 m2 (hereinafter “instant project zone”) includes 1,22 households (including 52 households), 305 households (including 15 households), U first apartment 99 households (including 9 households), U2 apartment 93 households (including 3 households), V apartment 100 households, and Wly 36 households, and other housing complexes and independent housing units.

B. Under Article 44 of the former Housing Construction Promotion Act (amended by Act No. 6732 of Aug. 26, 2002), the defendant is the Housing Reconstruction and Improvement Project Association (hereinafter referred to as the "Rebuilding Association") that implements the Housing Reconstruction and Improvement Project (hereinafter referred to as the "Urban Improvement Act") of Eju-gu Seoul Metropolitan Government after completing the registration of incorporation on July 28, 2003 pursuant to Article 18(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6852 of Dec. 30, 2002) and Article 10(1) of the Addenda of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6852 of Jul. 1, 2003).

C. On July 24, 2002, the Defendant obtained the authorization for the establishment of a reconstruction association with 1,118 owners of the S Apartment and U Primary Apartment as its members, and obtained the authorization for alteration over 10 occasions on the grounds of the extension of the business area.

The main progress of the Defendant’s instant business is as follows.

On October 28, 2001, the resolution of the inaugural general meeting on October 28, 2001 - The project area: 28 units of S Apartments (referring to 1,170 units of sectional ownership; hereinafter referred to as 52 units of sectional ownership), 2 units of U1 apartments (90 units) and 9 units of - the association establishment authorization of July 24, 2002 - 1,118 members of - S apartment 992 and 38 - 79 units of U1 apartment and 9 shops.