logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2021.01.08 2020구합59604
관리처분계획 무효확인 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

The defendant is the redevelopment partnership established by the head of Seongbuk-gu Seoul Metropolitan Government on March 20, 2009 with the aim of implementing the redevelopment project in the area of 87,783.0 square meters in Seongbuk-gu, Seoul for the purpose of implementing the redevelopment project.

The plaintiff is the owner of each real estate listed in the attached Table 1 (hereinafter referred to as "each real estate of this case") in the above improvement zone and is the defendant's member.

On November 25, 2015, the Defendant obtained approval from the head of Seongbuk-do head of the Gu with regard to the change of the project (hereinafter referred to as “the original project implementation change plan”), and carried out the procedure for application for parcelling-out against the members from November 27, 2015 to December 27, 2015.

At the time, the defendant prepared and changed an application for parcelling-out to its members as follows, and the plaintiff submitted to the defendant a written application for parcelling-out stating that "the size of housing: 25 square meters" is "the size of housing" during the period of the application

After formulating a management and disposal plan based on the current status of application for parcelling-out, the Defendant obtained approval from the head of Seongbuk-do on September 12, 2016 from the head of the above management and disposal plan (hereinafter referred to as “the instant management and disposal plan”). The instant management and disposal plan was sold in lots by the Plaintiff “59A-type (59.60 square meters in size)”.

On June 21, 2018, the defendant obtained approval from the head of Seongbuk-do to change the implementation of the project.

According to the plan for the change of the implementation of the Project at Sea (hereinafter “instant plan for the change of the implementation of the Project”), the area of each unit of multi-family housing newly built by the Defendant was changed as follows:

The Defendant revised the content of the instant management and disposition plan in line with the instant project implementation amendment plan, and obtained on September 7, 2020 the approval from the head of Seongbuk-do to revise the management and disposition plan (hereinafter “the instant management and disposition amendment plan”). The Defendant’s association’s articles of association (hereinafter “the instant articles of association”).

arrow