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(영문) 대구지방법원 2015.12.15 2015구합22334
사업시행변경계획무효확인 등
Text

1. All the main and conjunctive claims concerning the project implementation change plan and the management and disposal plan among the lawsuits in this case.

Reasons

1. Details of the disposition;

A. On December 2, 2003, the Defendant obtained authorization for the establishment of the Housing Reconstruction Project (hereinafter “instant project”) from the head of Gangseo-gu Seoul Metropolitan City (hereinafter “the head of Sungsung-gu”) on December 2, 2003, and the Plaintiffs were the members of the housing reconstruction project association as owners of the land, etc. in the instant project zone.

B. On June 29, 2006, the Defendant received an authorization for the implementation of the project from the head of the Suwon-gu Office, and received the application for parcelling-out against the members from February 1, 2007 to March 31, 2007 (hereinafter “instant application period for parcelling-out”). The Plaintiffs did not apply for parcelling-out to the Defendant during the period of the instant application for parcelling-out.

C. On December 3, 2007, the Defendant obtained the approval of the management and disposal plan from the head of Suwon (hereinafter “the first management and disposal plan”) from the head of the Gu, but upon cancelling the contract with the Defendant on the grounds of the poor progress of the project, etc., the Defendant obtained the approval of the first management and disposal plan from the head of Suwon-si on April 23, 2012. D. Although the Defendant intended to undertake the instant project by selecting Taesung C&C as a new contractor, the Defendant held an extraordinary general meeting on October 20, 2012, and decided on the dissolution of the partnership and the appointment of the liquidator. The Defendant subsequently held a general meeting on April 20, 2014 (design Revision) and obtained approval from the head of the Gu on November 6, 2014 (hereinafter “instant project implementation plan”). The Defendant held an extraordinary general meeting on October 20, 2015, and obtained the approval of the project implementation plan from the head of the Gu on May 15, 2015 (hereinafter “the execution plan”).

[Ground of recognition] without any dispute, Gap's 1 to 5, 9, and Eul's 1 to 1.

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