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(영문) 서울행정법원 2013.09.13 2011구합41854
총회결의일부무효
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant is an urban environment rearrangement project association established to implement an urban environment rearrangement project in which the project district of Jongno-gu Seoul Metropolitan Government 151,745 square meters is the project district (hereinafter “instant rearrangement project”), and was granted authorization to establish an association on December 6, 2006 by the head of Jongno-gu and authorization to implement the project on March 5, 2009 by the head of the Gu.

B. On January 17, 201, the Plaintiff filed an application for the sale of housing with the Defendant on the ground that he/she owns a building without permission (hereinafter “instant building”) on the land of Jongno-gu Seoul Metropolitan Government Do large 3.3 square meters (hereinafter “instant land”) located within the instant rearrangement zone.

C. On November 2, 2011, the Defendant issued a notice to the Plaintiff on November 2, 201 that the Plaintiff would be classified as a cash liquidation on the ground that there was no building as a result of an on-site investigation after examining data and relevant documents submitted by the Plaintiff from the airline reading.

After December 3, 2011, the Defendant established and resolved a management and disposal plan to determine the Plaintiff as a person subject to settlement of cash, excluding the Plaintiff from a person subject to settlement of cash, and the head of Jongno-gu Office approved and announced the management and disposal plan on April 4, 2012.

(hereinafter) Of the above management and disposition plan, the part which determined the Plaintiff as the object of cash settlement (hereinafter “instant disposition”). [Grounds for recognition] There is no dispute, each statement in Gap evidence Nos. 1, 2, 10, and 11 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 48 of the Defendant’s articles of incorporation of the first argument is the subject of sale and the standard for sale of housing units under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

The Seoul Special Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (hereinafter referred to as the "Urban Improvement Ordinance") shall be determined by the resolution of the general meeting to the extent that it meets the standards prescribed by the Ordinance.

Article 27 (1) 1 shall be eligible for multi-family housing units.

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