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(영문) 서울행정법원 2015.08.21 2015구합52845
사업시행계획 무효확인
Text

1. The project implementation plan approved by the head of Mapo-gu Seoul Metropolitan Government on September 3, 2007 and January 25, 2010.

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 Mapo-gu Seoul Metropolitan Government E 64,452.96 square meters (hereinafter “instant rearrangement zone”). The Plaintiffs are owners of land, etc. who owned real estate in the said project 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 DHousing Redevelopment Project Association, the Defendant’s overall transfer, is the consent from the owners of land, etc. in the instant rearrangement zone to establish the association (hereinafter

(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 lawsuit. However, 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 related disputes in a single way. On June 30, 201, 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. The appeal was dismissed on December 27, 201

(Supreme Court 201Du19680). C.

On May 23, 2007, the defendant established with the first approval of the establishment of the first project plan and the first management and disposal plan was held to hold a general meeting on May 23, 2007 and the execution period of the improvement project is 48 months from the date of project implementation authorization.

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