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(영문) 서울행정법원 2014.11.25 2014구합54783
사업시행계획등무효확인
Text

1. To confirm the invalidity of the project implementation modification plan, which was approved on June 17, 201 by the Selection C, among the instant lawsuits.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment project in Mapo-gu Seoul Metropolitan Government F. F. 64,452.96 square meters (hereinafter “instant rearrangement zone”), and the Plaintiff (designated parties; hereinafter “Plaintiff”) and the designated parties are the owners of land, etc. who own real estate in the said project zone.

B. The first disposition to approve the establishment of the association and the lawsuit therefor (1) The promotion committee for the establishment of the B District Housing Redevelopment Project Association, the Defendant’s overall circulation, applied for authorization for the establishment of the association to the head of Mapo-gu Seoul Metropolitan Government (hereinafter “Mapo-gu”) after obtaining a written consent from the owners of land, etc. located within the instant improvement project zone (hereinafter “the first written consent”), and the first disposition to approve the establishment from the head of Mapo-gu Office on November 29, 2006.

(2) (2) On the ground that some association members failed to meet the consent rate, a lawsuit was filed to nullify the first disposition to authorize the establishment of an association based on the first written consent. The first instance court (Seoul Administrative Court 2009Guhap46146) rendered a dismissal judgment on the ground that there is no legal interest in the lawsuit, but the appellate court (Seoul High Court 2010Nu27761) issued a judgment of rejection on June 30, 201, to seek the invalidity of the first disposition to authorize the establishment of an association on the ground that it is an effective and appropriate means to resolve the relevant dispute, and the first disposition to confirm the invalidity of the first disposition to authorize the establishment of an association was issued on the ground that there is a significant and obvious defect that failed to meet the consent rate, and the first disposition to authorize the establishment of an association was dismissed on December 27, 2012 (Supreme Court 201Du19680, May 23, 207).

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