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(영문) 서울행정법원 2015.09.11 2015구합57802
관리처분계획 취소 청구의 소
Text

1. The litigation of the Plaintiff A apartment reconstruction and rearrangement project association shall be dismissed;

2. The Defendant on January 27, 2015.

Reasons

Details of the disposition

The Songpa-gu Seoul Metropolitan Government apartment complex A1 and the second apartment complex on the ground (hereinafter “instant apartment complex”) consists of 134 apartment buildings (6,600 households) and one commercial building (324 stores; hereinafter “instant commercial building”).

On June 12, 2003, the Defendant is a cooperative established for the reconstruction project of the apartment complex of this case (hereinafter referred to as the “renovation project of this case”), and the Plaintiff Amateur Housing Reconstruction and Commercial Building Council (hereinafter referred to as the “Plaintiff Commercial Building Council”) among the members of the Defendant Union, is an unincorporated association established by the sectional owners of the instant commercial building in order to reconstruct the instant commercial building in accordance with the so-called independent settlement system.

Plaintiff

B The chairman of the Plaintiff Commercial Council and the Plaintiff C and D are the general affairs of the Plaintiff Commercial Council, and both Plaintiff B, C, and D (hereinafter “Plaintiff B, C, and D”) are the members of the Defendant Trade Association.

On May 24, 2003, the sectional owners of the apartment complex of this case held the inaugural general meeting of the defendant association and resolved to reconstruct the project cost of KRW 1,246,291,00,000.

However, as some members claim that the rebuilding resolution as of May 24, 2003 is null and void, the defendant held a general meeting on June 26, 2004 and made a rebuilding resolution (hereinafter referred to as the "second rebuilding resolution") by meeting the two-thirds or more of the sectional owners and voting rights of each apartment building, and meeting the two-thirds or more of the sectional owners and voting rights of all the sectional owners of the commercial buildings and voting rights.

The main contents of the consent letter of the second reconstruction resolution are as follows:

2. Resolution on reconstruction and consent to implement a project;

(c) Matters concerning the removal of the building and the cost sharing; 2) the method of filing a flat application and allocation for the owner of the existing apartment (or virtual apartment) - the method of filing an application by the association members, but if there is competition, it shall be in the order of the share of the right in consideration of the usual type, building, location, number of floors, etc. of the apartment owned by the association members.

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