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(영문) 서울고등법원 2017.11.24 2017나2047879
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition and relevant Acts and subordinate statutes;

A. The status of the parties 1) Plaintiff A Housing Reconstruction Project Association (hereinafter “Plaintiff Association”)

) The Gangseo-gu Seoul Metropolitan Government Housing Reconstruction Project (hereinafter referred to as the “instant reconstruction project”) shall be located in the area of 21,287.20 square meters in the G G party.

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) shall apply.

(2) Plaintiffs B, C, D, and E (hereinafter referred to as “Bs Plaintiffs”) are the members of the Plaintiff Union.

3) The Defendant, like the rest of the Plaintiffs, also has the real estate in the attached Form in the site for the reconstruction project of this case (hereinafter “instant real estate”).

(B) The head of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Gangseo-gu”) issued an authorization to implement the instant reconstruction project on July 14, 2010 with respect to the Plaintiff Union on September 14, 2011; the Defendant was expelled from the Plaintiff Union upon the resolution of the Plaintiff Union on October 28, 2014; and from the lawsuit claiming nullification of the resolution of expulsion filed against the Plaintiff Union (Seoul Southern District Court 2016Gahap102185) to July 22, 2016, the Plaintiff Union’s claim was accepted, thereby restoring the status of the association members. (b) The head of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Gangseo-gu”) issued an authorization to implement the instant reconstruction project on September 14, 2011; and (c) obtained the authorization to amend the management and disposal plan on January 18, 2016 pursuant to Articles 48 and 49 of the Urban Improvement Act.

A Public Notice of revised A-Housing Reconstruction Management Plan

(a) The type and name of the rearrangement project: A house reconstruction project;

(b) Project operator: Plaintiff Union;

(c) Location (1) : The size of construction (3) 21,287.20 square meters (site area 16,467,60 square meters) in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu: 6 households with six underground floors, 499 households with six underground floors, and its appurtenant and welfare facilities.

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