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(영문) 서울행정법원 2014.05.01 2011구합5346
관리처분계획취소
Text

1. Requests for the cancellation of each management and disposal plan among the instant lawsuits, the revocation of the transfer announcement, and the claim for the difference in liquidation money.

Reasons

1. Details of the disposition;

A. The Defendant is a project implementer that implements an urban environment improvement project (hereinafter “instant project”) using land outside Jung-gu Seoul and 114, Jung-gu, Seoul as the project area, and the Plaintiffs are the owners of each of the following real estate located within the project area of the instant project:

Plaintiff

Real estate Plaintiff B and C 1/2 shares of 182.7m2 in Jung-gu Seoul, Jung-gu, Seoul, Jung-gu, Seoul, 5.4m2, and J-gu, Jung-gu, Seoul, Jung-gu, 195.6m2m2

B. On May 8, 2006, the Defendant obtained the authorization of the implementation of the instant project from the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) along with Thai Construction Co., Ltd. and K, and obtained the authorization of the implementation of the project from the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”). On November 1, 2007

On November 30, 2007, the head of the central government authorized the management and disposition plan of the defendant and announced it on December 5, 2007.

C. At each court of first instance, the plaintiffs and L filed a lawsuit seeking the revocation of the above management and disposition plan, and the revocation judgment (the Seoul Administrative Court Decision 2007Guhap41895, Sept. 4, 2009 and Nov. 11, 2009) was made. The defendant held a general meeting of owners on the land, etc. for the revision of the above management and disposition plan on Oct. 22, 2010 to reduce the total project cost by 33% and to revise the sales standard to the owners of the land, etc. and the project implementer. The head of the district office approved the amendment of such management and disposition plan on Nov. 23, 2010 and announced it on the following day.

(hereinafter “former management and disposition plan”). D.

Among the management and disposal plan before the amendment, the part regarding the plaintiffs in the calculation basis of equity ratio by subject of parcelling-out, the estimated amount of rearrangement project costs, and the estimated amount of liquidation by subject of parcelling-out are as follows:

(1) Criteria for parcelling-out (1) Project costs to be borne by each person entitled to parcelling-out (the assessed amount to be borne by the implementer of the previous land and building appraised value).

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