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(영문) 서울행정법원 2016.03.11 2015구합12632
관리처분변경인가취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant Intervenor was established on January 26, 2007 with the authorization for the establishment of an association from the Defendant in order to implement a housing redevelopment improvement project by designating the Seongdong-gu Seoul Metropolitan Government D branch as a project implementation improvement zone.

B. The Defendant’s assistant intervenor obtained authorization for the implementation of the project on September 21, 2007 (Songdong-gu E), the authorization for the implementation of the project on March 14, 2013 (Songdong-gu PublicationF), and the authorization for the management and disposition plan on February 27, 2014, respectively.

C. The Plaintiff A was the owner of Seongdong-gu Seoul Metropolitan Government Land and its ground building (hereinafter “instant real estate”) within the above improvement zone, and was the association member.

Plaintiff

A did not refund the lease deposit to the lessee of the instant real estate, and after the Defendant’s Intervenor paid it, A rendered a favorable judgment regarding the claim for the reimbursement.

As the procedure for compulsory sale by official auction (hereinafter “instant compulsory sale by official auction”) is in progress with respect to the instant real estate as an executive title, the third party paid the successful bid price, and the Plaintiff A lost ownership on April 14, 2015, and accordingly became disqualified as a member.

On September 2, 2015, the Defendant’s Intervenor obtained the authorization of the management and disposition plan (hereinafter “instant management and disposition plan”) from the Defendant, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 2, 6 evidence, Eul evidence 1 and 2, the purport of the whole pleadings

2. The approval of the administrative agency under Article 48 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents as to the legitimacy of the lawsuit in this case is a supplementary act to complete the legal effect of the management and disposal plan of the Housing Redevelopment Cooperatives, and in case there exists a defect

Even if the management and disposal plan, which is the basic act, can not be valid.

However, if the basic act is lawful, effective, and complementary act itself, there is a defect in the authorization disposition.

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