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(영문) 대전고등법원 2019.01.17 2018누10345
관리처분계획취소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Details of the disposition;

A. The Defendant is the redevelopment association which obtained approval for the establishment of a housing redevelopment project (hereinafter “instant project”) on December 11, 2012 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of redevelopment of the Dong-gu Seoul Special Metropolitan City C Group (hereinafter “instant project site”), and the Plaintiff (Appointed Party) and the Selection Party (hereinafter “Plaintiffs”) on December 1, 2012 are the Defendant’s partners.

B. On March 5, 2015, the Defendant received the authorization to implement the instant project from the Incheonan City Mayor, and on April 10, 2015, the period for application for parcelling-out was from April 10, 2015 to May 12, 2015 (the extension of the period from April 10, 2015 to May 19, 2015) and received an application for parcelling-out (hereinafter “instant application for parcelling-out”).

C. On July 4, 2015, the Defendant held an extraordinary general meeting and passed a resolution of the general meeting of the management and disposition plan, and received the approval for the management and disposition plan from the astronomical mayor on October 23, 2015.

(hereinafter) The Defendant’s management and disposition plan authorized by the Incheon Metropolitan City Mayor on October 23, 2015 (hereinafter “previous management and disposition plan”). [Grounds for recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 3, 4, 8, 67, and 154, Eul’s evidence Nos. 6, 7, and 13 (including additional numbers; hereinafter the same shall apply) and the purport of the entire pleadings.

2. Judgment on the defendant's main defense of safety

A. The Defendant’s summary of the Defendant’s assertion: (a) held an extraordinary general meeting on January 19, 2017 (hereinafter “instant general meeting”) and passed a resolution of the general meeting on a new management and disposition plan; and (b) obtained authorization for changes in the management and disposition plan from the astronomical City on August 25, 2017.

(2) The Defendant’s management and disposition plan (hereinafter “instant management and disposition plan”) approved by the astronomical mayor on August 25, 2017. The new management and disposition plan (hereinafter “instant management and disposition plan”) is a content that substantially alters the main parts of the previous management and disposition plan, and thus the previous management

Therefore, the previous management and disposition plan is in the past.

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