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(영문) 서울행정법원 2018.05.04 2017구합73242

관리처분계획취소

Text

1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part resulting from the intervention by the defendant shall be the intervenor joining the lawsuit.

Reasons

1. Basic facts and circumstances of dispositions;

A. The defendant as the party is established to implement a housing reconstruction improvement project for B apartment (hereinafter “instant project”) at the size of 626,232.5 square meters in Gangdong-gu Seoul Metropolitan Government D, Gangdong-gu, and was approved by the head of Gangdong-gu Seoul Metropolitan Government on December 28, 2009. The plaintiff is a co-owner of B apartment's incidental welfare facilities (a shop) with a comprehensive shop value of 203 square meters.

The supplementary welfare facilities of B apartment consist of 1, 2, 3, 4, 5, 1, 1, 2, 1, and 1, 2.

B. Establishment authorization was originally established under the lead of the sectional owners of B apartment, and the sectional owners of the above apartment commercial building (hereinafter referred to as "ordinary owners"), separately from the sectional owners of the above apartment building (hereinafter referred to as "ordinary owners"), four commercial organizations of the comprehensive shopping district committee (comprehensive operation), the shopping district reconstruction committee (comprehensive operation), the E shopping district reconstruction committee (E shopping district), and the general shopping district committee (F shopping district 1 and 2) were established. The above commercial organizations submitted a written consent to establish the association between the Plaintiff and the Defendant and the Defendant (hereinafter referred to as "multi-family members"), and the head of Gangdong-gu Seoul Metropolitan Government changed establishment authorization reflecting this on August 16, 201.

C. The Defendant, at the special meeting held on December 10, 201, held on the resolution of the independent settlement system and the approval plan for the management and disposal plan, has commercial building members take charge of the reconstruction improvement project for the commercial building portion to the extent that it does not violate the relevant statutes, the articles of association, and the resolution of the association general meeting, and does not entail the burden of expenses to the members of the apartment association, but does not violate the relevant statutes