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(영문) 서울행정법원 2015.09.25 2015구합50023
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction project association that obtained authorization for the establishment of a housing reconstruction project from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) on November 26, 2007 for the purpose of implementing a housing reconstruction project in which Seodaemun-gu Seoul Metropolitan Government I is a project implementation district.

On December 24, 2010, the Defendant obtained project approval from the head of Seodaemun-gu with the content that ① project expenses shall be KRW 288,415,752,734, and ② housing with a total of 977 households shall be constructed; ② Housing with a total of 198 square meters or less shall be 198 households, 515 households for housing with a total of 60 square meters or less, and housing with a total of 85 square meters or more shall be 264 households, etc.

B. The Plaintiffs are owners of land, etc. within the project implementation district, and are the members of the Defendant. From February 22, 2011, the same year.

5. 5. Application for parcelling-out between the parties

(hereinafter referred to as “the first application procedure for parcelling-out”).

The Defendant established a management and disposition plan on March 31, 2012 and obtained the approval thereof from the head of Seodaemun-gu on August 8, 2012. ① Project expenses are KRW 375,097,551,370, ② Housing of 1,061 households shall be constructed, ② Housing of 239 households, 60-85 square meters for housing of 60 square meters or less, and housing of 60 square meters or more shall be 693 households, and housing of 85 square meters or more shall be 129 households, etc. The Defendant modified the project implementation plan by the head of Seodaemun-gu on March 14, 2013.

The defendant shall make a public announcement of sale on April 11, 2013 according to the changed project implementation plan, and from April 11, 2013 to the same year.

5. Receiving an application for parcelling-out from its members up to 14.

(hereinafter) On May 24, 2014, the Defendant: (a) held a general meeting of partners on May 24, 2014; (b) formulated a management and disposition plan to revise the management and disposition plan (hereinafter “instant management and disposition plan”); and (c) obtained authorization from the head of Seodaemun-gu on August 27, 2014 from the head of the Gu.

(hereinafter referred to as "the authorization of this case". (e)

After the approval of this case, the defendant has sold to its members.

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