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(영문) 서울고등법원 2018.05.09 2016누42533
관리처분계획취소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The status of the parties to the case is Songpa-gu Seoul, and the I apartment complex on the ground (hereinafter referred to as the “instant apartment complex”) consists of apartment and commercial buildings (hereinafter referred to as the “instant commercial buildings”). The defendant is a reconstruction association established for the reconstruction of the instant apartment complex (hereinafter referred to as the “instant project”). The plaintiffs are the co-owners of the instant commercial buildings, who agreed to establish the association of the defendant.

A sectional owner of the apartment complex of this case, such as project implementation authorization, held an inaugural general meeting on May 24, 2003, and the defendant was authorized to establish the association from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003.

On April 1, 2008, the defendant issued a notice to the members of the Songpa-gu Seoul Metropolitan Government on April 25, 2008 that "where the application for parcelling-out is not made by June 27, 2008, a cash liquidation may be made" after obtaining approval of a project implementation plan from the head of Songpa-gu Seoul Metropolitan Government on April 1, 2008, the defendant may receive the application for parcelling-out from the members, and the plaintiffs filed the application for parcelling

The Defendant set two-lanes for application for parcelling-out from April 6, 2010 to April 15, 2010, and three-lanes for application for parcelling-out from January 25, 201 to January 28, 2011, respectively; and the application period for parcelling-out under Article 46 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter “former Act”) for a total of 76 days.

On July 15, 2013, the defendant decided to revise the project implementation plan at the general meeting of partners, applied for authorization to revise the reconstruction project, and on December 26, 2013, " below authorization to revise the project implementation of the case from the head of Songpa-gu Seoul Metropolitan Government on December 26, 2013."

was received.

The Defendant received an application for the application for parcelling-out and for alteration of the square system from the members from March 10, 2014 to April 30, 2014 following the change of the project implementation of the instant case.

The defendant of a management and disposition plan shall be the defendant on January 2014.

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