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(영문) 서울행정법원 2019.06.07 2018구합83949
관리처분계획 무효확인
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Defendant obtained authorization for the establishment of a housing redevelopment project from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “the head of Songpa-gu”) on February 6, 2009 to implement housing redevelopment improvement project in Songpa-gu I, Seoul (hereinafter “instant rearrangement zone”) and obtained authorization for the establishment on February 10, 209, and obtained authorization for the establishment of the association on July 20, 2012, and the Plaintiffs owned real estate, such as land in the instant rearrangement zone.

B. On August 12, 2013, the Defendant received an authorization to implement the project on March 20, 2014, and determined the period for application for parcelling-out from March 24, 2014 to April 30, 2014, and received an application for parcelling-out from the members by extending the period for application for parcelling-out to May 20, 2014. The Plaintiffs did not apply for parcelling-out within the said period for parcelling-out.

C. The Defendant: (a) formulated a management and disposal plan to classify the Plaintiffs as persons subject to cash settlement and exclude them from persons subject to sale; and (b) on April 27, 2015, the head of Songpa-gu authorized the above management and disposal plan.

Since then, the defendant has formulated a plan to revise the management and disposal plan and has obtained approval from the head of Songpa-gu on May 17, 2018.

(hereinafter referred to as “instant management and disposition plan”) e.

On the other hand, the defendant agreed with the plaintiffs in order to acquire the real estate owned by the plaintiffs, but did not reach an agreement, applied for adjudication of expropriation of the above real estate to the local Land Expropriation Committee, and the above local Land Expropriation Committee decided to expropriate the above real estate.

Although there was an objection by the Central Land Expropriation Committee according to the plaintiffs' objection, the plaintiffs were dissatisfied with it and filed an administrative litigation seeking increase in compensation.

Since then, as the above administrative litigation becomes final and conclusive, the defendant shall make the plaintiffs as the depositee and compensate each for the plaintiffs.

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