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(영문) 서울행정법원 2014.09.26 2014구합939
주택재개발사업시행인가처분취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of litigation shall include parts resulting from the participation.

Reasons

1. Details of the disposition;

A. The Intervenor is a cooperative established to implement a housing redevelopment improvement project in Seongbuk-gu Seoul Metropolitan Government, Seongbuk-gu (hereinafter “instant project zone”), and the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are owners of land, etc. in the instant project zone.

B. On November 2, 2012, an intervenor held an extraordinary general meeting by submitting a written resolution in lieu of the attendance at the meeting of 968 members directly from among 1,390 members of the E hotel located in Gangnam-gu Seoul Metropolitan Government D, or submitting a written resolution in lieu of the attendance.

(hereinafter referred to as the “instant general meeting”). The Intervenor, as an agenda No. 2, passed a resolution on a project implementation plan (draft) and a resolution on a change in the calculated amount of expenses for removal of buildings and new construction as an affirmative vote of 957.

C. Accordingly, on November 26, 2013, an intervenor received a disposition to authorize the implementation of a project from the Defendant.

(hereinafter “instant disposition”) D.

Meanwhile, the Intervenor publicly announced the application for parcelling-out as the period for applying for parcelling-out from February 3, 2014 to April 3, 2014, and from April 4, 2014 to April 23, 2014, but the Plaintiff and the designated parties did not apply for parcelling-out within the said period.

E. The details of the articles of incorporation of the intervenor are as follows:

Article 44 (Application for Parcelling-Out, etc.) (4) A cooperative shall liquidate in cash buildings and other rights within 150 days from the date it falls under any of the following subparagraphs, if a member falls under any of the following subparagraphs:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisers recommended by the head of the Gu.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. Facts that there is no dispute over a person excluded from the objects of parcelling-out according to the authorized management and disposal plan (based on recognition), entry of Gap evidence 3, 9, Eul evidence 1-1, Eul evidence 1, 2, and the purport of whole pleadings.

2. When considering the circumstances following the Plaintiff’s assertion, the instant disposition is unlawful, and thus should be revoked.

The project execution plan;

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