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(영문) 서울행정법원 2015.11.13 2015구합58942
사업시행계획 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment project partnership established to implement a housing redevelopment project in Mapo-gu Seoul Metropolitan Government F. F. 64,452.96 square meters (hereinafter “instant rearrangement zone”). The Plaintiffs are owners of land, etc. who owned real estate in the instant rearrangement zone.

B. The first disposition to approve the establishment of the association and the lawsuit therefor 1) The promotion committee for the establishment of the E-Housing Redevelopment Project Association, the Defendant’s overall transfer, is the owner of land, etc. in the instant rearrangement zone to give consent to establish the association

(2) The head of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Mapo-gu") shall receive

) An application for authorization to establish an association was made by the head of Mapo-gu Office on November 29, 2006 to establish an association (hereinafter “the first disposition to establish an association”).

(2) Some members filed a lawsuit seeking confirmation of invalidity of the first disposition of approving the establishment of an association on the ground that the establishment of an association based on the first written consent fails to meet the consent rate.

The first instance court (Seoul Administrative Court 2009Guhap46146) declared a dismissal decision on the ground that there is no benefit in legal action, but the appellate court (Seoul High Court 2010Nu27761) declared a judgment confirming that the first disposition to establish an association is null and void on the ground that it is a valid and appropriate means to resolve the relevant dispute in a single way. On June 30, 2011, the appellate court (Seoul High Court 2010Nu27761) declared a judgment confirming that the first disposition to establish an association is null and void on the ground that the defect failing to meet the consent rate is serious and obvious, but the appeal was dismissed on December 27, 20

(Supreme Court 201Du19680). C.

The defendant established with the first approval of the establishment of the first project implementation plan and the first management and disposal plan shall hold a general meeting on May 23, 2007 and set the implementation period of the improvement project as the "48 months from the date of project implementation authorization."

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