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(영문) 서울행정법원 2017.01.11 2016구합78974
기타(기타 도시정비)
Text

1. The Defendant’s management and disposition plan approved by the head of Seodaemun-gu Seoul Metropolitan Government on June 30, 2016, is the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and consolidation project association established with the approval of establishment from the head of Seodaemun-gu Seoul Metropolitan Government on April 29, 2008 to implement a housing redevelopment and rearrangement project by making the Seodaemun-gu Seoul Metropolitan Government 77,839.50 square meters as a rearrangement zone.

B. The Plaintiff was the owner of Seodaemun-gu Seoul Metropolitan Government No. 101 on the first floor located in the Defendant’s improvement zone, and the Defendant applied for the issuance of the 33-type apartment complex to the Defendant around September 2009.

C. The Defendant established a management and disposal plan based on the application for parcelling-out by its members, and received the approval of the management and disposal plan from the head of Seodaemun-gu Seoul Metropolitan Government on June 22, 2011

(hereinafter referred to as “previous management and disposition plan”). D.

On December 27, 2013, the Defendant: (a) obtained authorization to revise the project implementation plan (hereinafter “instant project implementation change plan”); (b) announced that the Defendant would receive an application for re-sale from the entire members for thirty (30) days from March 17, 2014 to April 15, 2014; and (c) notified its members of the notification on the application for re-sale.

E. The Defendant, on the ground that the Plaintiff did not file an application for change during the period of filing an application for change of the usual form, formulated a management and disposal plan by deeming the Plaintiff as a person subject to cash settlement. On June 30, 2016, the Defendant received the approval from the head of Seodaemun-gu Seoul Metropolitan Government

(hereinafter referred to as “instant management and disposition plan”); / [Grounds for recognition] without dispute; 1 through 8 (including numbers; hereinafter the same shall apply); 1 through 4; 1 through 4; and the purport of the whole pleadings.

2. Whether the management and disposal plan of this case is legitimate

A. The notice of an application for alteration of the grade (sale) to the Plaintiff is sent by the Plaintiff by the Defendant for alteration of the grade (sale), and the association members who did not apply for parcelling-out are close to the contents of the application for parcelling-out.

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