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(영문) 서울행정법원 2019.09.06 2019구합51475
관리처분계획 총회결의무효확인의소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the Seongdong-gu Seoul Metropolitan Government Housing Redevelopment Improvement Project Association (hereinafter referred to as the “Seongdong-gu Head of Seongdong-gu”) which obtained authorization for the establishment of a housing redevelopment improvement project (hereinafter referred to as the “instant project”) on July 27, 2012 for the purpose of implementing the housing redevelopment improvement project in Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the “instant rearrangement project”).

The Seoul Special Metropolitan City Mayor's public announcement of the Seoul Special Metropolitan City Mayor's master plan for urban and residential environment improvement on the improvement zone of this case was made on March 5, 2009.

(See note 6, 5, 201, 200, 200, 3,000,000,000).

D had owned land and buildings within the rearrangement zone of this case before the defendant's establishment authorization was granted as follows.

D In other words, on May 13, 2002 and June 21, 2002, 52.8/73, 20.2/73 of E large 73 square meters (hereinafter “instant land”) respectively, completed the registration of ownership transfer, and ② on June 18, 1996, completed the registration of ownership transfer concerning F large 225 square meters and four-story neighborhood living facilities and housing buildings on the land, and acquired the ownership of the relevant real estate.

D After the establishment authorization of the Defendant, on September 13, 2016, G had completed the registration of ownership transfer on the instant land due to sale and purchase as of September 1, 2016.

D In addition, after the establishment authorization of the Defendant, completed the registration of ownership transfer on each real estate mentioned above 2 on the grounds of sale as of June 10, 2013 and May 15, 2013 to H on June 10, 2013.

(2) The sum of each of the above real estate mentioned above (hereinafter referred to as “H-owned real estate”, including evidence Nos. 1 and 1, hereinafter the same shall apply).

On the other hand, on January 5, 2017, the head of Seongdong-gu publicly announced the authorization to implement the project of this case.

Accordingly, the defendant set the period of application for parcelling-out to its members around September 25, 2017, and the corresponding period from October 10 to November 10, 2017.

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