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(영문) 서울행정법원 2017.07.21 2017구합53729
관리처분계획무효확인 청구의 소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project whose area is 107,165m2 in Seongbuk-gu Seoul JJ as the business area (hereinafter “instant business area”), and the Plaintiffs are owners of land, etc. in the instant business area.

B. On November 26, 2013, the Defendant established a project implementation plan (hereinafter referred to as the "project implementation plan of this case") and obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as the "project implementation plan of this case"), and established a management and disposal plan based on the application for parcelling-out from union members (hereinafter referred to as the "management and disposal plan of this case") and approved by the head of Seongbuk-gu Seoul Metropolitan Government on October 21, 2015 after resolution at the special general meeting of this case (hereinafter referred to as the "general meeting of this case").

C. The plaintiffs did not apply for parcelling-out within the period of application for parcelling-out according to the project implementation plan of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Determination:

A. The summary of the plaintiffs' assertion 1) at a general meeting which decides to establish the project implementation plan of this case due to the defect of prior disposition, the illegality of the management and disposal plan of this case caused by the defect of prior disposition forged a list of on-site visitors in order to conceal that the quorum and the quorum of the defendant K and the service company fall short of the quorum. Of the members stated in the stenographic record, some members did not actually attend the general meeting of this case or did not submit a written resolution. Therefore, since the project implementation plan of this case is unlawful because there is a serious defect that does not meet the quorum and the quorum of the general meeting for its formulation, the management and disposal plan of this case premised on this premise is also unlawful.

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