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(영문) 서울고등법원 2015.10.20 2015누48350
사업시행계획무효확인
Text

1. The plaintiffs' appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. 1) The Defendant was established for the purpose of implementing a housing redevelopment improvement project on a scale of 61,925.90 square meters in Mapo-gu Seoul Metropolitan Government FF, and was authorized on May 16, 2008 by the head of Mapo-gu, and the Plaintiffs are owners of lands, etc. within the rearrangement project zone. 2) The details written in the written consent for establishing a new association from the owners of lands, etc. within the rearrangement project zone are as follows.

The total floor area: 163,213.32 square meters: Apartment 19 units and incidental welfare facilities, and approximately KRW 265,410,000,000 for the aggregate of the estimated expenses for removal of buildings and new construction on the 3-story and ground above: 265,410,000 won) the project plan decided by the Defendant at the time of the inaugural general meeting on February 15, 2008 shall be as follows: 161,635.79 square meters: Apartment 1,032 units of apartment (association/sale 856 units of housing, lease 176 units, and 3-23 floors above the ground:

B. On September 7, 2011, at a special meeting held on September 7, 2011, the Defendant passed a project implementation plan with the consent of 427 members from among 697 members (including 442 members) (hereinafter referred to as "project implementation plan in this case"), the head of Mapo-gu approved the project implementation plan on January 17, 201, and publicly notified the Mapo-gu Seoul Metropolitan Government public notice on January 19, 2012. The total floor area: 19,13.52 square meters: An apartment 19,032 households (association/sale 15, 44 households), 4,032 households (association/sale 989, lease 209), the Plaintiffs did not apply to the application for parcelling-out within 384,589,000, 200 won for parcelling-out and 44,201.

C. On October 31, 2013, the Defendant passed the instant project implementation plan with the consent of 412 with the consent of 512 members of 515 (427 present) at an extraordinary general meeting held on October 31, 2013 (hereinafter “instant project implementation plan”), and the head of Mapo-gu office passed the instant project implementation plan with the consent of 412.

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