logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.04.07 2016누46856
관리처분계획취소
Text

1. Revocation of the first instance judgment.

2. The defendant is authorized by the head of Songpa-gu Seoul Metropolitan Government as of April 27, 2015.

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], entry of evidence Nos. 1-5, 12, 19, 22, and 27 (including provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings;

A. The Defendant is a housing redevelopment and rearrangement project partnership that obtained an authorization for the establishment of the association from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “the head of Songpa-gu”) on July 20, 2012 for the housing redevelopment improvement project for the land located in Songpa-gu Seoul Metropolitan Government 181, 202. The Defendant was issued a disposition to approve the establishment of the association as of February 6, 2009 and a disposition to approve the establishment as of December 22, 2009 by the head of Songpa-gu, but the above disposition was revoked due to the defect of the above establishment resolution (Seoul High Court Decision 2010Nu26034 decided April 13, 201), and the Defendant obtained the authorization for the establishment of the association from the head of Songpa-gu, after opening an extraordinary general meeting on June 19, 2012 and completing a lawful resolution again, and obtained the authorization for the establishment of the association on July 20, 2012.

The plaintiff is a member of the defendant who owns real estate listed in the list of religious facilities, etc. within the defendant improvement project zone.

B. On March 21, 2014, after obtaining authorization to implement a project from the head of Songpa-gu on August 12, 2013, the Defendant extended the outlined details of charges and the period for application for parcelling-out (from March 24, 2014 to April 30, 2014) from May 1, 2014 to May 20, 2014.

The notice was announced.

C. On March 19, 2015, the Defendant formulated a management and disposition plan (hereinafter “instant management and disposition plan”) following the resolution of the special general meeting, and obtained authorization of the instant management and disposition plan from the head of Songpa-gu on April 27, 2015. The details related to the Plaintiff in the instant management and disposition plan are as follows.

▣ 종교시설 부지에 대한 관리처분계획 내용 구역 내 종교시설 부지는 협의된 내용에 따라 당해 권리자에게 분양하되, 분양을 희망하지 않거나 분양을 포기할 경우 대의원회의 의결을 거쳐...

arrow