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(영문) 서울고등법원 2016.11.30 2016누44799
관리처분계획취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit in the first instance shall be assessed against the defendant.

Reasons

Basic Facts

The Defendant is a housing redevelopment improvement project partnership established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) for the housing redevelopment project for the housing of 12,245.80 square meters in Mapo-dong, Mapo-gu, Seoul (hereinafter “instant improvement zone”) and obtained authorization for the establishment of the association from the head of Mapo-gu Seoul Metropolitan Government (hereinafter “head of Mapo-gu”) on May 16, 2008.

The plaintiff is a church that owns land and buildings located in the rearrangement zone of this case.

The Defendant obtained the authorization from the head of Mapo-gu on January 19, 2012 for the implementation of the instant improvement project from the head of Mapo-gu on March 13, 2014; and received the authorization for the implementation of the following projects from the head of Mapo-gu on March 13, 2014; and received the application for parcelling-out from April 1, 2014 to April 30, 2014.

A project implementation period: A project implementation period: 374-dong (Unauthorized 136-dong) building-to-land ratio 25.12% / Total project cost required for 251.96%: the Defendant, on August 22, 2014, held a general meeting and passed a resolution on the following management and disposition plans (hereinafter “instant management and disposition plan”), and the head of Mapo-gu approved the instant management and disposition plan on December 8, 2014 and announced it on March 12, 2015.

A project implementation period: A project implementation period: 532 housing units: 532 square meters: 175,850.7 square meters: Total project cost required for 4,572.93 square meters: 496,629,772,758 won/import estimated amount: 624,246,09,500 square meters in total; 3,4,500 square meters in a religious site with 2,137.40 square meters in total and 3,4,50 square meters in a 2,137.40 square meters in a general meeting on November 30, 2015; the head of Mapo-gu publicly announced the change of the project implementation plan (hereinafter “instant project implementation plan”); and on March 28, 2016, the head of Mapo-gu held a general meeting on November 30, 2015 and publicly announced the change of the project implementation plan on March 31, 2016:

A change in the project implementation period: from the project implementation authorization date to 120 months (Extension of the existing five years), the Building Act is amended.

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