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(영문) 대전지방법원 2018.01.11 2015구합105574
관리처분계획취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. The Defendant is the Defendant’s association members to implement a housing redevelopment improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of redevelopment of the Dong-gu Seoul Special Metropolitan City Seoul Special Metropolitan City (hereinafter “instant project site”) (hereinafter “Urban Improvement Act”), and the redevelopment cooperative which obtained authorization for the establishment of the redevelopment project on December 11, 2012, and the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”).

B. On March 5, 2015, the Defendant received the authorization to implement the instant project from the Incheonan City Mayor, and on April 10, 2015, the period for application for parcelling-out from April 10, 2015 to May 12, 2015 (hereinafter “instant application for parcelling-out”) and received an application for parcelling-out announcement (hereinafter “instant application for parcelling-out”).

C. On July 4, 2015, the Defendant 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 for the management and disposition plan from the astronomical mayor on October 23, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, 67, Eul evidence No. 6 (including additional numbers), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The gist of the Defendant’s main defense is that the Defendant held an extraordinary general meeting on January 19, 2017 after the resolution of the general meeting on a new management and disposition plan, and obtained an amendment to the management and disposition plan from the astronomical mayor on August 25, 2017. Since a new management and disposition plan is a substantial modification to the main part of the previous management and disposition plan, the previous management and disposition plan loses its validity. Therefore, the previous management and disposition plan is deemed to fall under the past legal relationship, and thus, is unlawful, as there is no legal interest to seek its revocation.

B. Unlike the case of modifying minor matters of the original management and disposition plan, the original management and disposition plan is to be amended.

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