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(영문) 서울행정법원 2019.11.19 2018구합69691
관리처분계획일부취소의 소
Text

1. The plaintiff B and C shall be dismissed respectively.

2. All of the plaintiffs' claims except the plaintiff B and C are dismissed.

Reasons

Details of the disposition

On September 22, 2003, the Defendant is a reconstruction maintenance project association that has obtained authorization to establish an association from the head of Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Gangnam-gu") for the purpose of implementing a reconstruction improvement project concerning the Gangnam-gu Seoul Metropolitan Government G G 25,656.80 square meters (hereinafter referred to as the "instant rearrangement zone"), and the rest of the plaintiffs B and C are the owners of the A apartmentH consent located in the "Seoul Gangnam-gu Seoul Metropolitan Government."

On December 17, 2017, the Defendant held a general meeting to formulate a management and disposition plan (hereinafter referred to as “instant general meeting”) and resolved on a draft management and disposition plan, and obtained authorization from the head of Gangnam-gu on April 3, 2018 from the head of the aforementioned management and disposition plan.

(hereinafter referred to as the "management and disposition plan of this case"). 【No dispute exists concerning the management and disposition plan of this case’s / [the grounds for recognition], each entry of Gap evidence Nos. 1 through 4, and 12 (if any, including each number; hereinafter the same shall apply], and the whole purport of the pleadings are as stated in the relevant statutes and

Plaintiff

B and C's legal nature of the lawsuit is examined as to whether the lawsuit of plaintiffs B and C is legitimate.

A revocation suit may be instituted by a person having legal interest in seeking revocation of a disposition, etc. (Article 12 of the Administrative Litigation Act). Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 15676, Jun. 12, 2018; hereinafter “former Act”) provides that members of a rearrangement project shall be “owners of land, etc.” (Article 1). In cases of a reconstruction project, Article 2 subparagraph 9 (b) of the same Act provides that the owners of buildings and appurtenant land located in the rearrangement zone shall be “owners of land, etc.

In full view of the above provisions, if an owner of land or a building in a rearrangement zone who acquires the status of a partner of the rearrangement project loses the ownership of the land or building in the rearrangement zone, the status of the partner shall be lost, and the status of the partner shall be lost.

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