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(영문) 인천지방법원 2019.05.23 2018구합52994
관리처분계획일부취소
Text

1. A management and disposition plan approved by the Defendant on May 2, 2018 for the B-Housing Redevelopment Improvement Project.

Reasons

1. Details of the disposition;

A. On October 26, 2009, the vice-City Mayor designated the Seocheon-si Cdong and D Dong as B housing redevelopment improvement zone. The Defendant obtained authorization for establishment from the vice-City on May 31, 2010 to implement the housing redevelopment improvement project (hereinafter “instant project”).

B. The Plaintiff owned a portion of cement block block set of 39.83 square meters among one building without permission (hereinafter “instant unauthorized building”) on the ground of 1,729 square meters in Bupyeong-si located in the said improvement zone. The Plaintiff applied for parcelling-out within the period of application for parcelling-out to the Defendant.

C. The Defendant established a management and disposal plan concerning the instant project and obtained authorization from the vice-market on May 2, 2018, and excluded the Plaintiff from the purchaser on the ground that the instant unauthorized building does not constitute an existing unauthorized building constructed before January 24, 1989.

(hereinafter) Of the management and disposition plan authorized as above, the part excluding the plaintiff from the person subject to parcelling-out shall be referred to as "the disposition of this case"). [Grounds for recognition] There is no dispute, each entry and video of Gap evidence Nos. 1, 2, 5 through 8, and 11 (including the number of pages) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is an existing unauthorized building that had already existed at the time of January 24, 1989. Thus, the Plaintiff, who owned a part of the instant unauthorized building, constitutes a person eligible for membership sales in accordance with the Defendant’s articles of incorporation.

Therefore, the disposition of this case, except for the plaintiff as a purchaser, is unlawful.

(b) The definitions of terms used in this Ordinance under Article 2 (Definitions) of the Gyeonggi-do Ordinance on the Improvement of Urban and Residential Environments shall be as follows:

1. The term "existing unauthorized building" means an unauthorized building subject to compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and constructed on or before January 24, 1989;

2...

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