logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.07.10 2017구합65
관리처분계획
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The Defendant is a housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “instant reconstruction project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “instant reconstruction project”) and the Plaintiffs are the members of the Defendant Union.

On February 4, 2016, the defendant obtained the approval of the project implementation plan for the reconstruction project of this case from the Guri market, and publicly announced the approval of the project implementation plan on February 11, 2016.

On February 22, 2016, the Defendant publicly announced the application for parcelling-out to the members of the instant reconstruction project, and around that time, notified the members of the application for parcelling-out by sending a notice of and guidance on the application for parcelling-out (hereinafter referred to as “instant parcelling-out guide”) to the members of the association. From February 22, 2016 to April 10, 2016, the Defendant carried out the procedure for filing applications for parcelling-out to the members.

Plaintiff

On February 28, 2016, A filed an application with the Defendant for the sale of a house of 167.20 square meters and 294.78 square meters in land within the instant business area, and the Plaintiff B filed an application with the Defendant on February 26, 2016 for the sale of a house of 5.80 square meters in land within the instant business area and 84.27 square meters in a building.

On September 8, 2016, the Defendant held a general meeting to formulate a management and disposal plan of the instant reconstruction project (hereinafter referred to as the “instant general meeting”) and resolved to approve the draft management and disposal plan with the consent of at least 2/3 of all union members, and obtained authorization from the Guri market on April 27, 2017.

(hereinafter) The management and disposal plan authorized as above is referred to as the "management and disposal plan of this case". The ground for recognition is without dispute, the entry of Eul Nos. 1 through 7 (including each number), and the whole purport of the pleading, and the defect of the plaintiff's notification of the application for parcelling-out as to whether the disposition of this case is legitimate or not.

arrow