logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.07.20 2017구합86316
관리처분계획일부무효확인 등 청구의 소
Text

1. All of the plaintiffs' primary claims and preliminary claims are dismissed among the lawsuit of this case.

2. The plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction improvement project association for which the establishment of the association has been authorized by the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) on August 17, 2009 for the purpose of implementing the housing reconstruction improvement project in Seodaemun-gu Seoul Metropolitan Government D (hereinafter “instant rearrangement zone”).

B. The Plaintiffs are co-owners (each of 1/2 shares) of the building on the ground (hereinafter “instant building”) of Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, 279 square meters (hereinafter “Seoul Seomun-gu, Seoul”) (hereinafter “instant land”) (hereinafter “instant building”) located within the instant rearrangement zone.

C. On September 25, 2017, the Defendant did not recognize the Plaintiffs’ membership of the instant building and did not grant an opportunity for the application for parcelling-out without recognizing the Plaintiffs’ membership of the instant land. A management and disposal plan (which seems to be simply classified as a non-member of the instant management and disposal plan on the premise that the Plaintiffs are non-members), which was approved by the head of Seodaemun-gu, and the head of Seodaemun-gu publicly announced it on September 27, 2017.

Article 9(1) of the Defendant’s articles of association provides that “The owner of a building who occupies State-owned or public land shall secure the ownership of State-owned or public land and submit certain documents to the Association to become a partner.”

On March 26, 2017, the Defendant passed a resolution at an ordinary general meeting (hereinafter referred to as “instant general meeting”) to recognize the status of union members when the ownership of state-owned and public land possessed by the building owners who possess state-owned and public land before approval for sale even after approval for sale is granted.”

[Reasons for Recognition] There is no dispute;

arrow