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(영문) 서울행정법원 2018.11.23 2018구합51096
관리처분계획취소
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 Housing Redevelopment and Improvement Project Association which obtained authorization for the establishment of a housing redevelopment project from the head of Gangseo-gu Seoul Metropolitan Government (hereinafter “the head of Gangseo-gu”) on March 22, 2012 for the purpose of implementing a housing redevelopment project in the Gangnam-gu Seoul Metropolitan Government 59,465 square meters (hereinafter “instant rearrangement zone”), and the Plaintiff is the Defendant’s member as the following four lots of land and three buildings located within the rearrangement zone.

(1) The Plaintiff owns each of the instant land and each of the instant buildings (hereinafter collectively referred to as “each of the instant buildings”). The Plaintiff owns each of the instant land and each of the instant buildings (hereinafter referred to as “I”) on the land adjacent to the Seoul Northern-gu, Seoul, J, K, L, M, and each of the instant land, but each of the instant land and buildings belongs to the zone of N-Housing Redevelopment Improvement Project, not the instant rearrangement zone.

The area of the building located in the location of the land is 365 square meters for the area of the F Religious Site in Gangseo-gu Seoul Metropolitan Government 699 square meters, and 336 square meters for the area of the land located in Gangseo-gu, Seoul Metropolitan Government 99 square meters, and only 336 square meters among them are assigned to the improvement zone

- 1,700.18 square meters in the G religion site in Gangseo-gu Seoul Metropolitan Government 1,646 square meters in the area of 1,646 square meters in the area of 1,64.85 square meters in the area of 1,70.18 square meters in the area of Gangseo-gu Seoul Metropolitan Government

B. On December 20, 2013, the Defendant received an application for parcelling-out from the members of the association from April 6, 2015 to June 24, 2015 after obtaining authorization for the implementation of the project from the head of the Gangnam-gu Office. On June 24, 2015, the Plaintiff filed an application with the Defendant for parcelling-out of 1,646 square meters of a 84 square meters-type residential house (5 square meters) on June 24, 2015.

C. On October 29, 2017, the Defendant held a general meeting to formulate a management and disposition plan (hereinafter “instant association general meeting”) and passed a resolution on the draft of the management and disposition plan. On January 4, 2018, the Defendant obtained authorization of the management and disposition plan from the head of Gangnam-gu (hereinafter “instant management and disposition plan”).

【Legal basis for recognition】

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