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(영문) 광주지방법원 2020.09.17 2020구합12070
사업시행계획 무효확인 등
Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. Defendant B District Housing Reconstruction and Improvement Project Association (hereinafter “Defendant Association”) obtained authorization for the establishment of the housing reconstruction project (hereinafter “instant rearrangement project”) on March 18, 2009 from the head of Nam-gu Seoul Metropolitan City (hereinafter “the head of the Defendant head of the Gu”) in order to implement the housing reconstruction project (hereinafter “instant rearrangement project”).

The Plaintiff is the owner of the real estate listed in the attached Table 1 list located in the instant improvement zone (hereinafter referred to as “instant real estate”).

B. The Defendant Cooperative established a project implementation plan of the instant improvement project (hereinafter “instant project implementation plan”) and applied for authorization of the project implementation plan to the head of the Defendant on October 2, 2018, and the head of the Gu approved the instant project implementation plan (hereinafter “instant approval disposition”) on January 22, 2019, and publicly notified it on January 24, 2019 as Seoul Metropolitan City’s notification E.

C. On January 9, 2020, the Defendant Cooperative established a management and disposal plan of the instant rearrangement project (hereinafter “instant management and disposal plan”), and applied for authorization to the head of the Defendant on January 9, 2020, and the head of the Gu approved the instant management and disposal plan on March 12, 2020, and announced it as the Seoul Metropolitan City Southern-gu Public Notice on the same day.

On the other hand, on June 12, 2009, the Defendant Union asserted that it shall exercise the right to demand sale under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and filed a lawsuit against the Plaintiff seeking the implementation of the procedure for the registration of ownership transfer and the transfer of the said

(B) On September 28, 2012, the court below paid KRW 52,00,000 from the Defendant Union.

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