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(영문) 서울행정법원 2021.03.19 2020구합61270
조합원 지위 확인의 소
Text

The part of the claim for confirmation of invalidity of the management and disposition plan in this case is dismissed.

The plaintiff's remaining claims are dismissed.

Reasons

1. Details of the disposition;

A. The Defendant is a maintenance and improvement project association that obtained authorization for the establishment of an association from the head of Dongdaemun-gu Seoul Metropolitan Government on December 1, 2008 for the purpose of implementing a housing redevelopment and improvement project (hereinafter “instant improvement project”) in the Dongdaemun-gu Seoul Metropolitan Government 144,964 square meters (hereinafter “instant improvement zone”).

B. On October 19, 2006, the Seoul Special Metropolitan City Mayor designated and publicly announced the size of 1,001,473 square meters in Dongdaemun-gu Seoul Metropolitan City D, Dong Dong Dong Dong Dong, as aF renewal promotion district (Seoul Special Metropolitan City public notice G), and on January 7, 2008, determined and publicly announced the F Renewal Promotion Plan (Seoul Special Metropolitan City public notice H).

(c)

On March 11, 2010, the Defendant obtained authorization for the implementation of the instant improvement project, and on February 4, 2016, after obtaining authorization for the implementation of the project, from February 22, 2016 to April 21, 2016, notified and publicly notified the members of the application for parcelling-out to apply for parcelling-out as the period for parcelling-out. On April 21, 2016, the Defendant received an application for parcelling-out from the members for parcelling-out during the said period from April 22, 2016 to May 11, 2016.

(d)

The owner of Dongdaemun-gu Seoul Metropolitan Government I large 40 square meters (hereinafter referred to as the “instant real estate”) located in the instant improvement zone;

J did not apply for parcelling-out within the period of the above application for parcelling-out.

E. On May 19, 2016, the Plaintiff was awarded a successful bid in the instant real estate auction procedure.

F. The defendant is above D.

On March 24, 2017, the management and disposal plan was formulated based on the current status of application for parcelling-out, and the management and disposal plan was approved by the head of Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the "management and disposal plan in this case"), and the plaintiff was designated as a person subject to cash settlement in the above management and disposal plan.

G. The Defendant deposited KRW 135,800,000 as the compensation for expropriation on November 14, 2019 with regard to the instant real estate by designating the person under consignment as the Plaintiff on November 14, 2019 (Seoul Northern District Court in Seoul Northern District Court in 2019).

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