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(영문) 서울행정법원 2019.07.05 2018구합84102
관리처분계획일부무효확인 청구의 소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment Improvement Project Association which obtained approval from the head of Yeongdeungpo-gu Seoul Metropolitan Government Office on January 8, 2010 to implement housing redevelopment improvement project in Yeongdeungpo-gu Seoul Metropolitan Government D D (hereinafter “instant rearrangement zone”).

(The number of union members as of April 6, 2016 is 561). (b)

The defendant shall obtain authorization to implement the project on August 30, 2012 from the head of Yeongdeungpo-gu Seoul Metropolitan Government, and authorization to revise the project on April 6, 2016, and from April 20, 2016.

5. Until 20. Application for parcelling-out has been received from its members.

C. On May 12, 2016, the Plaintiff and the Plaintiff’s mother, jointly purchased shares of 67.5/147.9 square meters (the share of 33.75/147.9 square meters each of the Plaintiff and C) in Yeongdeungpo-gu Seoul Metropolitan Government E- 147.9 square meters (hereinafter “instant land”), land within the instant improvement zone, and acquired ownership by acquiring an unregistered housing with the exclusive residential area of 172.2 square meters on the instant land (hereinafter “instant housing”).

Since then, on January 8, 2018, the Plaintiff completed the registration of ownership transfer based on a donation made on December 15, 2017, with respect to the share of 33.75/147.9 of the instant land owned by C. D.

On May 20, 2016, the Plaintiff and C visited the Defendant’s office located in the Yeongdeungpo-gu Seoul Metropolitan Government F building and the third floor, and each of them individually prepared an application for parcelling-out with the content that they wish to sell an apartment building of 59 square meters in the order of 2, 59 square meters in the order of 3rd order, and 84 square meters in the order of 84 square meters in the order of 3rd order (the desired content between the Plaintiff and C is the same) and submitted to

E. The Defendant established a management and disposal plan with the purport that the Plaintiff and C is a co-owner of one bond type A apartment house (hereinafter “instant management and disposal plan”) and obtained authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government on March 6, 2017, after undergoing a resolution at an extraordinary general meeting on February 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 4, and Gap evidence 5-1, 2, and 5.

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