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(영문) 서울행정법원 2017.09.22 2017구합54470
관리처분계획일부무효
Text

1. The Plaintiff among the management and disposal plans authorized by the head of Yeongdeungpo-gu Seoul Metropolitan Government on March 21, 2016.

Reasons

1. Details of the disposition;

A. The Defendant is the Housing Redevelopment Improvement Project Association established on November 12, 2008 after obtaining authorization for the establishment of a housing redevelopment project from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “head of Yeongdeungpo-gu”) on October 27, 2008 in order to implement housing redevelopment improvement project in Yeongdeungpo-gu Seoul Metropolitan Government C2,168.1 square meters (hereinafter “instant rearrangement zone”).

B. The Plaintiff’s husband D owned an unauthorized Building located in Yeongdeungpo-gu Seoul Metropolitan Government E (hereinafter “instant Housing”) within the instant rearrangement zone, and the Plaintiff died on November 29, 2013, and succeeded to the instant housing.

C. The Defendant received project implementation authorization on November 10, 201, and obtained project implementation authorization on December 30, 2014, and received an application for parcelling-out from its members on May 14, 2015.

The plaintiff did not apply for parcelling-out within the above period of application for parcelling-out, and the defendant has formulated a management and disposal plan to classify the plaintiff as a person subject to cash settlement and exclude the plaintiff from the person subject to parcelling-out (hereinafter referred to as the "management and disposal plan of this case"), and obtained approval from the head of Yeongdeungpo-gu on March 21

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

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

A. According to Article 46 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, a project implementer shall notify the owners of land, etc. of the outlined amount of charges, the period for application for parcelling-out, and other matters prescribed by the Presidential Decree within 60 days from the date of public announcement of project implementation authorization (hereinafter referred to as “notification of an application for parcelling-out”); and

However, around May 14, 2015, the defendant notified the spouse D of the plaintiff who already died of around May 14, 2015 of the application for parcelling-out as the opposing party, and the plaintiff has not received it within the period of

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