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(영문) 서울행정법원 2017.03.24 2016구합74347
관리처분계획무효
Text

1. Of the instant lawsuit, the Defendant’s management and disposition plan authorized by the head of Mapo-gu Seoul Metropolitan Government on December 8, 2014.

Reasons

1. The Defendant is a housing redevelopment and rearrangement project partnership established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) for the Seoul Mapo-gu Seoul Metropolitan Government D Il-dong 62,245.80 square meters (hereinafter “instant rearrangement zone”) and obtained authorization for the establishment of the association from the head of Mapo-gu Seoul Metropolitan Government (hereinafter “the head of Mapo-gu”) on May 16, 2008.

The Plaintiffs are owners of land, etc. who jointly own 1/2 shares of 71.14 square meters of the first floor, 29.54 square meters of the second floor, 81.11 square meters of the ground floor, and 81.11 square meters of the second floor, 71.54 square meters of the second floor, and 81.11 square meters of the second floor, located in the Seoul Mapo-gu E-gu Seoul Metropolitan Government 129.3 square meters and its ground reinforced concrete and the second floor, located in the instant improvement zone, and are engaged in religious activities using the instant building for the purpose of inspection.

Plaintiff

A is a representative of the Plaintiff B (hereinafter referred to as “Plaintiff B”) who is an inspector.

On January 19, 2012, the Defendant received the authorization from the head of Mapo-gu to implement the instant improvement project on April 2012 (hereinafter referred to as “previous application period for parcelling-out”) and the application for parcelling-out to multi-family housing (multi-family housing) and commercial buildings. On April 23, 2012, Plaintiff A obtained the consent from Plaintiff B to appoint Plaintiff A as a representative partner of the previous assets, and applied for parcelling-out to multi-family housing 84 square meters among multi-family housing.

On March 13, 2014, the Defendant obtained authorization for the implementation of the project as follows from the head of Mapo-gu Office, and received application for parcelling-out from April 1, 2014 to April 30, 2014 (hereinafter referred to as “instant application period for parcelling-out”) and commercial buildings for parcelling-out:

A project implementation period: A project implementation period: 374-dong (Unauthorized 136-dong) building-to-land ratio 25.12% / Total project cost required for 251.96%: the Defendant shall hold a general meeting on August 22, 2014 and hold the following management and disposition plans:

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