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(영문) 서울행정법원 2019.10.15 2018구합67084
관리처분계획취소
Text

The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. On August 31, 2011, the Defendant changed the name of the association as of February 3, 2012, to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) in which the Seoul Jung-gu Seoul Metropolitan Government project zone (hereinafter “instant project”) is a housing redevelopment and rearrangement project association authorized by the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) as a “P Partnership,” and changed the name of the association as of February 3, 2012.

B. The Plaintiffs are the co-owners of Q apartment located in the Seoul Jung-gu Seoul Metropolitan Government (hereinafter “instant apartment”) and the Defendant’s members are the co-owners.

C. On August 7, 2015, the head of Jung-gu Office approved the project implementation plan for the project of this case to the Defendant, and announced it to the public announcement R of Jung-gu Seoul Metropolitan Government on August 13, 2015.

On March 12, 2018, the head of Jung-gu Office issued an administrative disposition plan for the project of this case to the defendant on March 12, 2018, and announced it to the Jung-gu Seoul Metropolitan Government public notice on March 15, 2018.

(hereinafter referred to as “instant management and disposition plan”). [This case’s management and disposition plan’s grounds for recognition] The fact that there is no dispute, Gap’s evidence 1 through 6, Eul’s evidence 1 through 4, and the purport of the whole pleadings.

2. Determination on the defense prior to the merits

A. The Defendant’s defense prior to the instant disposition plan asserts that the Plaintiffs should be revoked as it is unlawful since it is based on defective appraisal and assessment, such as the entries in the purport of the claim.

In regard to this, the defendant, after establishing a new management and disposition plan and obtaining authorization, lost the validity of the management and disposition plan of this case. Thus, the defendant asserts that the lawsuit of this case is unlawful since there is no legal interest to seek cancellation of the management and disposition plan of this case,

B. In light of the contents, form, and purport of the regulations on the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the initial management and disposal plan is insignificant.

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