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(영문) 서울행정법원 2019.03.21 2018구합56107
사업시행변경계획총회의결무효확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

The Defendant is the Housing Redevelopment Development and Improvement Project Association approved by the head of Jung-gu Seoul Metropolitan Government on August 31, 201 for the purpose of implementing a housing redevelopment improvement project in the Seoul Jung-gu OY-gu 44,725.50 square meters (hereinafter “instant rearrangement zone”), and the Plaintiffs are the owners of land, etc. who own real estate in the instant rearrangement zone.

On August 7, 2015, the Defendant received authorization from the head of Jung-gu Seoul Metropolitan Government to implement a housing redevelopment project, and around March 2017, the Defendant sent the guidance for application for parcelling-out to the members for parcelling-out (hereinafter “instant parcelling-out guidance”) by setting the period for application for parcelling-out from March 6, 2017 to April 14, 2017, and the said guidance for application for parcelling-out is indicated as “living facilities-1: 491.93 square meters, neighborhood living facilities-2: 510.73 square meters,” as to neighborhood living facilities, etc.

On the other hand, the plaintiffs did not apply for the sale of neighborhood living facilities during the period of the above application.

Plaintiff

A, B, C, D, E, F, and G did not apply for the application for parcelling-out for multi-family housing and neighborhood living facilities, and the plaintiff H, I, J, K, K, and L applied for the parcelling-out for multi-family housing.

around October 13, 2017, the defendant did not forward a management and disposal plan (draft) by excluding the plaintiff A, B, C, D, E, F, and G who did not apply for an application for an attachment to multi-family housing or commercial buildings from the members of the association.

(hereinafter the same shall apply)

The management and disposal plan standards for the general meeting to formulate the management and disposal plan are sent to the public, and the above standards include seven neighborhood living facilities and nine exclusive areas and the common area of Qgu neighborhood living facilities in relation to neighborhood living facilities.

Around October 24, 2017, the defendant sent a management and disposition plan standard (draft) to the re-members, and the above standard (draft) contains the sale price for each neighborhood living facility.

After October 30, 2017, the defendant shall hold a general meeting to formulate a management and disposal plan.

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