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(영문) 의정부지방법원 2017.06.22 2016구합105
관리처분계획취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained authorization to establish an association from the Guri City on August 10, 2007 in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with a housing redevelopment and rearrangement project district located within 31,650 square meters in Guri-si, Seoul Special Metropolitan City.

The plaintiffs (appointed parties, hereinafter referred to as the "Plaintiffs") and the designated parties have owned the land within the redevelopment and rearrangement zone of the above houses.

B. Authorization of project implementation on February 11, 2008 1) Defendant Partnership Establishment Promotion Committee (hereinafter “instant promotion committee”)

On June 22, 2007, an inaugural general meeting was held to establish an association, and passed a resolution on a project implementation plan consisting of 31,650 square meters in the project implementation district; 48 households; 74,81.85 square meters in the total floor area; 228.13% in the total project cost; 81,673,643,496 won in the total project cost. (2) On August 31, 2007, the Defendant applied for authorization for a project implementation plan (hereinafter referred to as “1 project implementation plan”) with respect to the number of households 488 households in the Gu-ri City on August 31, 2007, including the number of households 48 households ( underground second floors, 15-2 stories; 74,723.87 square meters in the total floor area; 16.06% in the building-to-land ratio; 225.90% in total project cost; and (3) the approval for project implementation of the Gu market on February 1, 20008.

C. As of May 31, 2010, the Defendant held a general meeting on April 7, 2010 and changed the number of households to 512 households (hereinafter “second project implementation plan”) with the consent of 195 members among 300 members, with the consent of 512 members, the total floor area is 76,193.381 square meters, the building-to-land ratio is 15.30%, the floor area ratio is 229.52%, the total project cost is 101,574,000,000 won (hereinafter “second project implementation plan”).

After the resolution, on April 23, 2010, the application for authorization of the project implementation plan was filed on April 23, 2010, and on May 31, 2010, the Defendant obtained authorization for the project implementation from the old market. 2) Accordingly, from June 24, 2010 to September 20, 2010.

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