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(영문) 의정부지방법원 2017.05.23 2016구합10508
관리처분계획인가처분 무효확인의 소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant is a housing redevelopment and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which has obtained authorization from the Defendant to implement a housing redevelopment and rearrangement project in the Dong Government-si 132,479 square meters B, which is a member of the Intervenor joining the Defendant.

B. On December 13, 2014, the Defendant held an extraordinary general meeting and made a decision on a project implementation plan, and the Defendant approved and announced the project implementation plan as D’s public notice at Council-si on March 31, 2015.

C. On August 27, 2016, after receiving the application for parcelling-out from the members, the Defendant held an ordinary general meeting to formulate a management and disposition plan (hereinafter “instant management and disposition plan”) and passed a resolution on the management and disposition plan (hereinafter “instant management and disposition plan”). On November 4, 2016, the Defendant approved and publicly notified the management and disposition plan E.

(hereinafter referred to as “instant authorization disposition”). 【No dispute exists, Gap evidence 8, Eul evidence 1, 2, Eul evidence 1, 2, 6, 7, 15 (including numbers; hereinafter the same shall apply), the purport of the entire pleadings.

2. The plaintiff's assertion

A. The Intervenor joining the Defendant, among the instant management and disposition plans, reduced or fabricated the content of “the estimated amount of the rearrangement project cost, the amount of the share of the association members, and the timing of sharing the burden therefrom,” and based on this, violated Articles 24(3) and 48(1)5 of the Act, which are mandatory regulations.

(Physical Defects) and (The increase of the cost of the rearrangement project by at least 10/100, and the number of members did not meet the agreement of at least 2/3 of the members under the proviso to Article 24(7) of the Act on the Improvement of Urban Areas.

(Procedural defect). (b)

Before granting approval, the defendant has been obligated to examine whether the content of the management and disposal plan in this case, especially the estimated amount of the rearrangement project costs, etc., was properly calculated on the basis of facts, but granted approval of the management and disposal plan.

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