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(영문) 서울행정법원 2016.02.26 2015구합69911
관리처분계획취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) for HJ large 32,989m2 (hereinafter “instant project”) in Seongdong-gu Seoul Metropolitan Government, and obtained authorization for the establishment of a housing redevelopment project association from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “the head of Seongdong-gu”) on August 30, 2007, and the Plaintiffs are the owners of lands, etc. in the said project area.

B. The Defendant established a project implementation plan for the instant project and received project implementation authorization from the head of Seongdong-gu on March 18, 2008, and obtained the approval of the management and disposal plan on October 14, 2010.

(hereinafter referred to as “previous management and disposition plan”).

Since then, the project in this case was suspended due to the deterioration of real estate economy, business feasibility, etc., and the defendant changed the project implementation plan to increase the small-type households of new buildings more than the previous ones, and obtained authorization for the implementation of the project from the head of Seongdong-gu on June 5, 2014.

On June 27, 2014, the Defendant sent a notice of guidance on application for parcelling-out to the owners of land, including the Plaintiffs (hereinafter referred to as “instant notice on application for parcelling-out”) to the owners of land, etc. including the Plaintiffs, and proceeded with the procedure for filing applications for parcelling-out from July 1, 2014 to July 31, 2014. On July 28, 2014, the period for filing applications for parcelling-out was extended by August 14, 2014.

(hereinafter referred to as “instant period for application for parcelling-out” from July 1, 2014 to August 14, 2014.

The Plaintiffs did not apply for parcelling-out within the period of application for parcelling-out, and the Defendant established a management and disposal plan including the details that the Plaintiffs are excluded from the association members, and passed a resolution at the general meeting of the association members on February 13, 2015, and obtained authorization for the change of the management and disposal plan from the head of Seongdong-gu on April 30, 2015.

(hereinafter the above revised management and disposition plan is referred to as the “instant management and disposition plan”).

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