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(영문) 서울행정법원 2019.08.14 2017구합90131
관리처분계획총회의결무효확인
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. The plaintiffs' assertion and the defendant's main defense defense plaintiffs, through the lawsuit of this case, the defendant's decision at the general meeting on October 30, 2017, and the management and disposal plan approved by the head of Jung-gu Seoul Metropolitan Government (hereinafter "head of Jung-gu") on March 12, 2018 (hereinafter "the management and disposal plan of this case") shall be convened and decided by the head of the association whose term of office expires as the defendant's representative, although there is no urgent need to establish the management and disposal plan. The procedural defects are resolved at the general meeting convened by the person who has no authority to convene the general meeting, and the defendant's written guidance for application for parcelling-out distributed to the plaintiffs who are the members of the association in order to apply for parcelling-out as a premise of the establishment of the management and disposal plan is unlawful, and the members of the association who want to apply for parcelling-out of this case did not fully state all the contents of confirming the sale area and selling price of the neighborhood's residential facilities for the purpose of applying for parcelling-out. Accordingly, this case's revocation shall be made.

As to this, the defendant issued a re-application period for parcelling-out to its members, and revised a new management and disposal plan to reflect the application period for parcelling-out during the relevant period, and obtained authorization, and thus, there is no legal interest to seek nullification or revocation thereof as the plaintiffs. Thus, the lawsuit of this case is unlawful, and the safety objection of this case is deemed unlawful.

2. Determination

A. In light of the contents, form, purport, etc. of the regulations on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the main part of the management and disposal plan is different.

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