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(영문) 서울행정법원 2014.05.16 2013구합60194
관리처분계획 취소 등
Text

1. The plaintiff's lawsuit and the defendant against the head of Seongdong-gu.

Reasons

1. Details of the disposition;

A. The Defendant Cooperative is the Housing Redevelopment and Improvement Project Association established on December 22, 2006 by the head of Seongdong-gu, Seoul to implement the Housing Redevelopment and Development Project with the area of project implementation (hereinafter “instant rearrangement zone”) of 339-67 square meters and 100,666.39 square meters in Seongdong-gu, Seoul. The Plaintiff is the owner of the land, etc. located in the instant rearrangement zone.

B. On August 10, 2007, the Defendant Union received the application for parcelling-out from the head of Seongdong-gu for parcelling-out project with project expenses of KRW 330,297,565,00, and from August 14, 2007 to September 21, 2007 (the first extension period from September 13, 2007). The Plaintiff applied for parcelling-out around September 13, 2007, which is within the above period.

On September 10, 2008, the Defendant Cooperative received an administrative disposition plan from the head of Seongdong-gu Office on September 10, 2008. According to this, the total cost required is KRW 523,098,976,933.

C. On February 16, 2011, the Defendant Union obtained authorization for changes in the management and disposal plan from the head of Seongdong-gu. Accordingly, the total cost required is KRW 574,202,827,357.

On November 11, 2011, the Defendant Union obtained authorization for the change of the project implementation from the head of Seongdong-gu, and obtained authorization for the change of the project implementation from the head of Seongdong-gu, on December 20, 201, by a resolution on the change of the management and disposal plan (draft) with the content of increasing the proportional rate from 574,202,827,357 to 628,345,203,887, and lowering the proportional rate from 100.39% to 90.11%, and obtained the authorization for the change from the head of Seongdong-gu on April 5, 2012.

E. On June 28, 2012, the Defendant Cooperative obtained the project implementation authorization from the head of Seongdong-gu on the ground of a construction plan modification (including the reflection of the projectedme, the deliberation of the first floor and the entrance of underground floors, etc., the installation of a part of the stairs lighting room, the alteration of the common facilities of residents, the height and windows of common facilities, landscaping facilities, the alteration of landscaping facilities, the building area, and the landscape area). The project implementation authorization in the above project implementation authorization is granted as follows: (a) the project cost is 628,345, and the alteration of the management and disposal plan as of April 5, 2012.

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