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1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
Reasons
Under the basic facts, the Defendant’s assistant intervenor is a housing reconstruction association that obtained authorization for establishment from the Defendant on April 27, 2002, for reconstruction of 21 units, such as 18 apartment buildings and 3 commercial buildings in D apartment 2 complexes, which were constructed on the ground of 38,026 square meters in Dongdaemun-gu Seoul Metropolitan Government.
(C) On January 2, 2004, the Defendant’s Intervenor issued a notice of sale in lots and the procedure for application for sale in lots on August 19, 2004 and approved the management and disposition plan by the Defendant on January 7, 2005. The Defendant’s Intervenor held an extraordinary general meeting on November 20, 2004 after obtaining authorization for the project implementation from the Defendant, and obtained authorization from the Defendant for the management and disposition plan on January 7, 2005.
(hereinafter “Initial Management and Disposal Plan”). Accordingly, some of the members of the Defendant’s Intervenor filed a lawsuit seeking confirmation of invalidity of the initial Management and Disposal Plan as Seoul Administrative Court Decision 2007Guhap36374.
On November 21, 2008, the above court held that there is no evidence to acknowledge that the intervenor subsidized to the defendant has notified the opening of the general meeting on November 20, 204 to the members of the commercial building in order to establish the above management and disposition plan, and therefore the first management and disposition plan is null and void. The first management and disposition plan is established without the resolution of the general meeting. ② In relation to the commercial building under the management and disposition plan, the contents under Article 48(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444 of Feb. 6, 2009) which was in force at the time were not included in the contents under the management and disposition plan. The above defect is significant and objective in itself, and if the management and disposition plan related to the commercial building is newly established, the rights to the apartment members should also be partially modified.