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(영문) 인천지방법원 2017.01.12 2015구합51396
관리처분계획취소
Text

1. The plaintiff's lawsuit against the head of Seo-gu Incheon Metropolitan City shall be dismissed.

2. The plaintiff defendant B apartment.

Reasons

1. Details of the disposition;

A. Defendant B apartment housing reconstruction and rearrangement project association (hereinafter “Defendant association”) is a rearrangement project association that implements a housing reconstruction and rearrangement project by setting the size of 75,024.7 square meters in Seo-gu Incheon Metropolitan City as a rearrangement zone (hereinafter “instant rearrangement zone”), and obtained authorization for the establishment of the housing reconstruction and rearrangement project association from the head of Seo-gu Incheon Metropolitan City (hereinafter “head of Seo-gu”) on November 23, 2010.

The plaintiff is the defendant's member who owns the land and the building of the kindergarten (hereinafter referred to as "the kindergarten of this case") in Seo-gu Incheon Metropolitan City in the improvement zone of this case.

B. After obtaining project implementation authorization on June 19, 2013, the Defendant Cooperative notified the Plaintiff et al. of the application for parcelling-out and public notice thereof.

On September 30, 2013, the Plaintiff applied for parcelling-out to the Defendant Association; the Defendant Association prepared a management and disposal plan based on the current status of the application for parcelling-out; and notified the Plaintiff of a management and disposal plan for each purchaser on November 19, 2014.

C. On December 20, 2014, the Defendant Union held an extraordinary general meeting and passed a resolution on the “case of approval on the management and disposition plan (draft)” as the item of subparagraph 7 (hereinafter “instant management and disposition plan”), and the head of the Defendant Seo-gu approved the instant management and disposition plan on January 22, 2015, and publicly notified the same date.

(E) Notice E of Seo-gu Incheon Metropolitan City) / [Grounds for Recognition] : Facts without dispute, Gap 1-2, Eul 1-1-4, and Eul 8-1-2; the purport of the whole pleadings.

2. Whether the lawsuit against the head of Seo-gu is lawful

A. (1) If there is no defect in the approval disposition, which is a supplementary act, as a supplement act, to complete the legal effect of the management and disposition plan, the main purport of this safety defense, the approval disposition of the head of Seo-gu Office on the management and disposition plan cannot be said to have a legal interest in seeking the revocation of the approval disposition, which is a supplementary act, even though there is no dispute

(2) Determination.

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