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(영문) 서울행정법원 2012.08.17 2011구합37336
관리처분계획일부무효확인
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

Details of the disposition

On December 15, 2003, the status of the parties, etc., Seongdong-gu Seoul Metropolitan Government D Il-dong is 24,796 square meters and designated and publicly notified as E public notice of Seoul Metropolitan Government for the formulation of housing redevelopment improvement plan and improvement zone.

The plaintiffs were those who owned the F neighborhood living facilities located in Seongdong-gu Seoul Metropolitan Government within the redevelopment area, and the defendant was authorized to establish on September 8, 2004 by the head of Seongdong-gu Seoul Metropolitan Government, and was the developer of the redevelopment project who was authorized to implement the redevelopment project on March 13, 2006.

The defendant who has approved the management and disposal plan established a management and disposal plan under the above redevelopment project by the resolution of the general meeting of December 28, 2006 and applied for the authorization to the head of Seongdong-gu. The head of Seongdong-gu Office approved the above management and disposal plan on June 20, 2007 and applied for the authorization to the head of Seongdong-gu. The Urban and Residential Environment Improvement Act (hereinafter referred to as the "Urban Improvement Act") on June 28,

() Pursuant to Article 49(3) of the Seongdong-gu Seoul Metropolitan Government and Article 13 of the Enforcement Rule of the same Act, the content was publicly announced in Seongdong-gu Seoul Metropolitan Government G.

(2) The Defendant’s member, including the Plaintiffs, filed an application for the purchase of a commercial building in the instant management and disposition plan regarding the sales of the commercial building in the instant management and disposition plan (hereinafter “instant management and disposition plan”). However, the remaining members, other than the Plaintiffs, amended the application for the purchase of an apartment building to purchase it, and the Defendant accepted the application and subsequently, the Plaintiff’s member, who filed an application for the purchase of a commercial building, remains.

The defendant around November 27, 2009, with respect to the sale of the commercial buildings that are scheduled to be supplied to the plaintiffs according to the redevelopment project of this case (hereinafter "the commercial buildings of this case"), ① the purport of the plaintiffs' decision by drawing lots of the commercial buildings, ② the period for application for parcelling-out in the commercial buildings shall be up to December 3, 2009, and the period for application for parcelling-out in the commercial buildings shall be up to December 18, 2009, and the time and place of drawing lots of the commercial buildings shall be up to the partnership office of 18:00 on December 8, 2009, and ③ the members

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