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서울고등법원 2015.05.21 2014누5974
관리처분계획취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Defendant is a project implementer that implements an urban environment improvement project (hereinafter “instant project”) with land outside Jung-gu, Seoul and 114 as its business area, and the Plaintiff owned one-half of the 1/2 of the 268 square meters in Seoul, Jung-gu, Seoul, and J 195.6 square meters in the business area of the instant project.

B. On May 8, 2006, the Defendant obtained the authorization of the implementation of the instant project from the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) along with Thai Construction Co., Ltd. and K, and obtained the authorization of the implementation of the project from the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”). On November 1, 2007

On November 30, 2007, the head of the central government authorized the management and disposition plan of the defendant and announced it on December 5, 2007.

C. The Plaintiff and the co-Plaintiff A, C, and C of the first instance trial filed a lawsuit with the Plaintiff as a co-Plaintiff. Upon having been rendered a judgment against the first instance court, the Plaintiff filed an appeal along with the Plaintiff, but was ordered by the presiding judge of the first instance court to dismiss the petition of appeal on January 7, 2014 due to the lack of recognition or correction within the prescribed period for correction.

The plaintiff and L (hereinafter referred to as "the plaintiff, etc.") filed a lawsuit seeking the cancellation of the above management and disposal plan and filed a revocation judgment (the Seoul Administrative Court Decision 2007Guhap41895 and November 11, 2009) at each court of first instance, and the defendant held a general meeting of owners on October 22, 2010 for the purpose of amending the above management and disposal plan, etc., to reduce the total project cost by 33%, and decided to revise the distribution standard to the owners of land, etc. and the project implementer in compliance with the above management and disposal plan, and the head of the Jung-gu approved the modification of such management and disposal plan on November 23, 2010 and announced it on the next day.

(hereinafter “former management and disposition plan”). D.

The basis for calculating the equity ratio for each subject of sale and the estimated amount of the maintenance project.

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