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(영문) 서울행정법원 2014.08.21 2013구합54182
현금청산자지위 확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic facts are the Housing Redevelopment Improvement Project Association established with approval for establishment from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seongdong-gu") on June 27, 2007 in order to implement housing redevelopment and improvement projects (hereinafter referred to as the "project of this case") within 136,310 square meters in Seongdong-gu Seoul, Seongdong-gu.

Plaintiff

A (amended as above in November 11, 2013) is the owners of land, etc. who own the F land and the ground buildings located within the instant project zone in Seongdong-gu Seoul, and the Plaintiff C is the owners of land, etc. who own the Seongdong-gu Seoul Metropolitan G Land and the ground buildings.

On October 12, 2007, the defendant obtained project implementation authorization from the head of Seongdong-gu, and the head of Seongdong-gu, on October 15, 2007, publicly notified the fact as H in the Seongdong-gu Seoul Metropolitan Government public notice.

The defendant shall establish a management and disposal plan on the basis of the procedures for application for parcelling-out for parcelling-out for its members and obtain authorization from the head of Seongdong-gu on May 21, 2009, and the head of Seongdong-gu publicly notified the same date to the Seongdong-gu

According to the contents notified by the defendant to the union members after receiving the above management and disposition plan, the proportional ratio (total income - total cost of rearrangement project ± total value of previous assets evaluation) is 104.36%.

On November 24, 2011, the Defendant obtained the project implementation authorization (project expenses: 984, 792, 373, 699 won) from the head of Seongdong-gu to change the building area, building-to-land ratio, floor area ratio, number of households, the reputation of apartment units, etc., and the head of Seongdong-gu publicly notified on November 24, 201 by the Seongdong-gu Seoul Metropolitan Government Public notified by the Seongdong-gu

(hereinafter referred to as “instant project implementation plan”). The Defendant received the application for parcelling-out (hereinafter referred to as “instant application for parcelling-out”) from July 13, 2012 to August 26, 2012 (from August 12, 2012, the first application period for parcelling-out was extended, but the extended period was extended) in order to change the level of deliberation allocated to the existing company according to the changed project implementation plan (hereinafter referred to as “instant project implementation plan”). The Plaintiff C on August 20, 2012 shall be August 20, 2012.

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