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(영문) 서울행정법원 2015.01.27 2014구합58068
현금청산자지위 확인의 소
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the whole purport of the pleadings in Gap evidence Nos. 1, 2, 4, 26, 38, 39, 43 through 46, and Eul evidence Nos. 1 through 6 (including evidence with serial numbers; hereinafter the same shall apply):

The Defendant is the owner of the land, etc. who owns the land and buildings within the instant project zone, and is a housing redevelopment development and consolidation project association established with approval from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seongdong-gu") on June 27, 2007 to implement the housing redevelopment and improvement project (hereinafter referred to as the "instant project") on the scale of 136,310 square meters in Seongdong-dong, Seongdong-gu, Seoul.

B. On October 12, 2007, the Defendant obtained project implementation authorization from the head of Seongdong-gu, and the head of Seongdong-gu, on October 15, 2007, publicly notified the project implementation authorization under Article 207-83 of the Seongdong-gu, Seoul.

C. On May 21, 2009, the Defendant established a management and disposal plan based on the procedures for application for parcelling-out with respect to the members, and obtained authorization from the head of Seongdong-gu Office on May 21, 2009, and the head of Seongdong-gu publicly announced it under Article 2009

According to the contents notified by the defendant to the union members after receiving the above management and disposition plan, the proportional ratio (total income - total cost of rearrangement project ± total value of previous assets evaluation) is 104.36%.

On November 24, 2011, the Defendant obtained authorization for the implementation of a project from the head of Seongdong-gu to change the building area, building-to-land ratio, floor area ratio, number of households, the reputation of apartment units, etc. (project cost: KRW 9,84.79,2370,69), and the head of Seongdong-gu publicly notified on November 24, 201 by the head of Seongdong-gu Seoul Metropolitan Government Public notified on November 24, 2011.

(hereinafter “instant project implementation plan”). E.

The defendant shall apply for the first application period from July 13, 2012 to August 26, 2012 for the first application period from July 13 to August 26, 2012 in order to change the current level of deliberation allocated according to the changed project implementation plan.

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