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(영문) 서울행정법원 2018.11.09 2017구합90339
관리처분계획결의 무효확인 소송
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a cooperative established to implement the housing reconstruction improvement project (hereinafter referred to as the "project in this case") in Seocho-gu Seoul Metropolitan Government and 381 lots (hereinafter referred to as the "instant project zone"), and was authorized to be established by the head of Seocho-gu Seoul Metropolitan Government on September 10, 2013.

The Plaintiffs are members of commercial buildings holding ancillary welfare facilities within the instant business zone.

On June 30, 2013, the Defendant Establishment Promotion Committee decided that the establishment of the management and disposal plan of commercial buildings, etc. established within the instant project zone, which is separate from multi-family housing, will proceed by the independent settlement system, and that the establishment of the management and disposal plan will proceed by independent settlement

On October 23, 2013, the defendant's members held an inaugural general meeting of the commercial building council and set up the rules and elected the officers, thereby organizing the commercial building council composed of all the members of the commercial building.

On July 27, 2014, the Defendant decided at the general meeting on the “case of the conclusion of an agreement on the duties of independent settlement of accounts” on the agenda No. 5, and entered into an agreement on the duties of independent settlement of accounts with the shopping district council on August 29, 2014 as follows:

(hereinafter referred to as the “instant Business Agreement”). Article 1 (Principles of Project) of the AC Housing Reconstruction Project sector is externally promoted as a reconstruction association until the completion of the liquidation of the association, but in principle, the project owner shall divide the apartment houses and commercial buildings into the reconstruction association, and promote its own responsibilities and authority.

Article 3 (Business Authority and Details of Agreement) (1) The affairs of authorization and permission for AC housing reconstruction rearrangement project shall be performed by the partnership, but the reconstruction association shall actively accept and reflect the opinions of the commercial building council on the location and size of the new commercial building, placement, detailed building drawings, etc. in the case of the modification of the improvement plan and construction deliberation, the authorization for the implementation of the project

2. Ensuring that the business consultation under paragraph (1) above may be carried out smoothly.

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