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(영문) 서울행정법원 2015.11.20 2014구합10622
관리처분계획인가일부취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant was established for the purpose of implementing an urban environment rearrangement project in the Yeongdeungpo-gu Seoul Metropolitan Government G Group (hereinafter “instant rearrangement project”), and is an urban environment rearrangement project association which obtained authorization for establishment from the head of Yeongdeungpo-gu Office on July 11, 2006.

B. On February 17, 2011, the Defendant obtained authorization for the implementation of the instant rearrangement project from the head of Yeongdeungpo-gu Office, and received application for parcelling-out from the owners of land, etc. in the rearrangement zone during which the period for application for parcelling-out was set from February 24, 201 to March 25, 2011. On March 24, 2011, the Defendant filed an application for parcelling-out on the ground that the Defendant owned the housing block structure and instruments on the H-ground ground, Yeongdeungpo-gu Seoul Metropolitan Government, the building without permission, and 0.18 square meters in boiler room (hereinafter “instant building”).

C. However, at the time of the application for the above parcelling-out by the deceased, the Defendant confirmed that the owner of the building of this case was the deceased’s spouse I on the Unauthorized Building Confirmation Board, and established a management and disposal plan including the contents of the deceased’s determination as the object of cash liquidation on the ground that the owner was not the deceased by the date of the management and disposal plan, and decided at the general meeting of the members, and obtained authorization from the head of Yeongdeungpo-gu Office on December 31, 20

(hereinafter “instant management and disposition plan,” and as seen earlier, the part which determined the deceased as the object of cash settlement is referred to as “instant disposition”).

The Deceased died on June 24, 2014 while the instant lawsuit was pending, and the Plaintiffs, the inheritor, taken over the lawsuit.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 3 and 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion that the deceased did not apply for parcelling-out shall be regarded as an applicant for parcelling-out.

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