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(영문) 서울행정법원 2017.03.31 2016구합73979
관리처분계획취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is a cooperative established on December 29, 2005 in order to implement an urban environment improvement project with the size of 8,407 square meters in Yeongdeungpo-gu Seoul Metropolitan Government as a rearrangement zone (hereinafter “instant rearrangement zone”). The Plaintiff is a person who completed the registration of ownership transfer on October 1, 2015 with respect to buildings on the land of Yeongdeungpo-gu Seoul Metropolitan Government, Seoul Metropolitan Government (hereinafter “instant rearrangement zone”).

B. From August 20, 2015 to September 18, 2015, the Defendant followed the procedures for filing applications for parcelling-out to the owners of land, etc. in the instant improvement zone, and prepared a management and disposal plan (a plan) that is not included in the subject of parcelling-out and decided by the general meeting of partners held on November 5, 2015.

(hereinafter “instant management and disposition plan”). C.

The head of Yeongdeungpo-gu Seoul Metropolitan Government approved the instant management and disposition plan on January 26, 2016, and publicly notified the instant management and disposition plan as D publicly notified on January 28, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, Eul evidence 5-1, Eul evidence 3, Eul evidence 6-1 and Eul evidence 6-2, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Plaintiff asserted that “the instant management and disposition plan formulated by the Plaintiff, who is the owner of the land, etc. in the instant rearrangement zone and is subject to sale under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, is unlawful” and sought revocation in the sense of declaring the invalidity of the instant management and disposition plan.

In regard to this, the defendant has filed the lawsuit of this case with the lapse of the period of filing the lawsuit under the Administrative Litigation Act, and thus, it is unlawful.

B. The determination of the management and disposal plan is an independent administrative disposition as a binding administrative plan against the interested parties only when determined through the public notice of the authorization of the competent administrative agency, and the other party to the disposition is an unspecified number of persons in case of an administrative disposition by ordinary public notice.

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