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(영문) 서울행정법원 2018.07.27 2017구합82390
관리처분계획인가취소
Text

1. The Defendant’s management and disposal plan approved by the head of Seodaemun-gu Seoul Metropolitan Government on May 1, 2017 is the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and rearrangement project association that implements a housing reconstruction and rearrangement project in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”), and the Plaintiff is the owner of the land, etc. in the instant rearrangement zone [the land in the instant rearrangement zone D large-52 square meters and buildings on its ground (the land is owned by E) located within the land in the instant rearrangement zone, and is the Defendant’s member.

B. On May 1, 2017, the Defendant obtained approval of the management and disposal plan from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant management and disposal plan”), and the said management and disposal plan is classified as the subject of cash settlement.

[Recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. Although the plaintiff is classified as the subject of cash liquidation in the management and disposal plan of the plaintiff's assertion, the plaintiff residing in Canada has not been notified of the application for parcelling-out by the defendant in advance.

It is significant and clear that the Defendant classified the Plaintiff as the object of cash settlement in the instant management and disposal plan without giving the Plaintiff an opportunity to apply for parcelling-out by omitting notification of the application for parcelling-out to the Plaintiff. Therefore, the part of the management and disposal plan of this case, which designates the Plaintiff as the object of

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The procedures, such as notification of the period for application for parcelling-out under Article 46(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), are to guarantee owners of land, etc. the opportunity for applying for parcelling-out and to establish a management and disposal plan under Article 48(1) of the former Act. The necessary procedure is required to establish the management and disposal plan. The reconstruction association, which is the project implementer, notifies the application for parcelling

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