관리처분계획인가처분 취소
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.
1. Basic facts
A. The Intervenor was established to implement the J Housing Redevelopment Improvement Project (hereinafter “instant project”) in the Eunpyeong-gu Seoul Metropolitan Government Ldong (hereinafter “Ldong”) (hereinafter “instant project area”), and filed an application for authorization to establish an association with the Defendant around July 2008 upon obtaining consent from 634 persons among 829 land or building owners within the instant project area (hereinafter “instant consent”).
B. On July 28, 2009, the Defendant approved the establishment of an intervenor association on the ground that 634 persons, among 829 owners of land or buildings within the instant project zone, consent was obtained at least 76.48%, and at the same time, 59,090.63 square meters of land size within 78,920 square meters in total within the instant project zone, consent was obtained from the landowners of 59,090.63 square meters of land size within 74.87% of land size and consent was obtained from the landowners of 1/2 or more of land size.
(hereinafter “instant association establishment authorization”). C.
On September 17, 2013, the defendant conducted a survey on the feasibility of the project in this case, and as a result, the estimated rate of expenses was 7.07%.
On December 11, 2014, an intervenor has received project implementation authorization from the defendant (hereinafter referred to as "project implementation authorization of this case") and publicly announced the application period for parcelling-out from December 31, 2014 to February 28, 2015, and publicly announced the application period for parcelling-out to February 20, 2015, and thereafter extended the application period for parcelling-out to March 20, 2015. The Plaintiffs, the owners of land, etc. in the instant project zone, were eligible for cash settlement due to their failure to apply for parcelling-out within
E. On August 20, 2016, the Intervenor: (a) held a general meeting on August 20, 2016 to formulate a management and disposition plan; (b) the proportional ratio in the instant management and disposition plan increased by 100.04
F. On January 13, 2017, the Defendant approved the instant management and disposition plan to the intervenors (hereinafter “instant management and disposition plan”), and on January 19, 201.