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(영문) 서울행정법원 2019.01.25 2018구합68193
관리처분계획 무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 18, 2007, the Defendant is the Housing Redevelopment and Improvement Project Association established after obtaining authorization to establish a housing redevelopment and rearrangement project (hereinafter “instant project”) from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) to implement the housing redevelopment and rearrangement project (hereinafter “instant project”).

B. The Defendant obtained authorization for the implementation of the instant project from the head of Eunpyeong-gu on October 1, 2009 and obtained authorization for the implementation of the project on October 10, 2014.

개략적인 부담금 산정을 위한 비례율 ⑴ 비례율(%) = 구역 내 사업완료 후의 대지 및 건물시설의 총 추산액 - 총 사업비 × 100 분양대상토지 등의 소유자 종전 총 평가액 ⑼ 개략적인 부담금 산정을 위한 비례율 100.13% = 437,887,832,250(추정액) - 291,700,000,000(추정액) × 100 146,000,000,000(추정액)

C. On October 22, 2014, the Defendant: (a) publicly announced the details of land or structures subject to parcelling-out, the period and place of application for parcelling-out, the qualifications for application for parcelling-out, the method of application for parcelling-out, etc. for the members of the instant project; and (b) distributed a written guidance for application for parcelling-out including the following details (

(hereinafter referred to as “instant application for parcelling-out”). D.

The defendant established a management and disposal plan based on the application details for parcelling-out and received the approval plan from the head of Eunpyeong-gu on September 17, 2015.

(hereinafter referred to as “instant management and disposition plan”). E.

The defendant shall establish a plan to revise the management and disposal plan of this case and obtain approval from the head of Eunpyeong-gu on July 21, 2016 from the head of the Gu for the revision plan of the management and disposal plan (hereinafter referred to as "the first plan to revise the management and disposal plan") and establish a plan to revise the management and disposal plan again after re-revision of the contents of the plan to revise the management and disposal plan, and shall establish a plan to revise the plan again from the head

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