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(영문) 대전지방법원 2018.01.11 2016구합103414
관리처분계획인가취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) performed a housing redevelopment improvement project (hereinafter referred to as the “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) for the purpose of redevelopment of the Dong-gu Seoul Special Metropolitan City C (hereinafter referred to as the “instant project site”) in Yananan-si, Yanan-si, the Intervenor was a redevelopment association which obtained authorization for the establishment of a partnership on December 11, 2012, and

B. On March 5, 2015, the Intervenor obtained authorization to implement the instant project from the Defendant, and received an application for the public announcement of sale (hereinafter “instant application for parcelling-out”) from April 10, 2015 to May 12, 2015 by setting the period for application for parcelling-out from April 10, 2015 to May 12, 2015 (the extension from April 10, 2015 to May 19, 2015).

C. On July 4, 2015, an intervenor held an extraordinary general meeting and passed a resolution of the general meeting on a management and disposition plan (hereinafter “previous management and disposition plan”) and received the approval of the management and disposition plan from the Defendant on October 23, 2015.

(hereinafter “previous Authorization”). On November 2, 2015, the Defendant publicly notified the management and disposal plan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 28, 50, 51, Eul evidence Nos. 3, Eul evidence Nos. 4, 5, and 8 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. On January 19, 2017, the Defendant and the Intervenor held an extraordinary general meeting after the previous management and disposal plan was approved by the general meeting of the new management and disposal plan, and obtained an amendment to the management and disposal plan from the Defendant on August 25, 2017.

A new management and disposition plan is a content that substantially alters the main parts of the previous management and disposition plan, and the previous management and disposition plan has lost its validity.

Therefore, there is no legal interest in seeking revocation because the previous management and disposal plans and the previous approval measures on them fall under the past legal relations.

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