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(영문) 서울행정법원 2014.07.17 2013구합30797
관리처분계획변경무효확인
Text

1. Of the instant lawsuit, the management and disposition plan approved by the Defendant on April 6, 2012 by the head of Dongdaemun-gu Seoul Metropolitan Government.

Reasons

Basic facts are the Housing Reconstruction Association for reconstruction of 21 units, such as 18 units of apartment houses and 3 units of commercial buildings, which were constructed on the ground of 38,026m2 in Dongdaemun-gu Seoul Metropolitan Government, for the reconstruction of 21 units of apartment houses in the E apartment two complexes, which were located on the ground of 38,026m2, and for which the Defendant has obtained approval for establishment from the head of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “the head of Dongdaemun-gu”).

(A) The Defendant’s name was changed to “B Housing Reconstruction Improvement Project Association” on January 27, 2014 according to the Defendant’s reference materials submitted on June 2, 2014. On August 19, 2004, the Defendant, after obtaining authorization for project implementation from the head of Dongdaemun-gu, issued a public notice of sale in lots and the procedures for application for sale in lots, shall hold an extraordinary general meeting on November 20, 2004 and passed a resolution on the management and disposition plan (the plan) by the head of Dongdaemun-gu on January 7, 2005.

(hereinafter “Initial Management and Disposal Plan”). Accordingly, some of the Defendant’s members filed a lawsuit seeking confirmation of invalidity of the initial Management and Disposal Plan as Seoul Administrative Court Decision 2007Guhap36374.

On November 21, 2008, the above court held that there was no proper management and disposition plan established because the defendant did not have any evidence to acknowledge that he notified the general meeting to the commercial union members of the holding of the general meeting on November 20, 204 in order to establish the above management and disposition plan, the resolution on the management and disposition plan (the plan) in the above special meeting is null and void. Ultimately, the first management and disposition plan is formulated without the resolution of the general meeting.

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