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(영문) 광주지방법원 2020.05.14 2019구합12975
관리처분계획취소
Text

1. The part concerning the claim for partial revocation of the management and disposition plan in the instant lawsuit is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project by making the Dong-gu Gwangju Metropolitan City Seoul Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City 126,433.6 square meters (hereinafter “instant rearrangement zone”), and the Plaintiff was a person who owned the Gu-dong, Gwangju Special Metropolitan City Do 103 square meters and its ground buildings (hereinafter “instant real estate”).

B. On February 20, 2017, the Defendant obtained authorization from the head of the Dong/Dong of Gwangju Metropolitan City for the implementation of the rearrangement zone of this case from the head of the Dong/Dong on March 23, 2017, and provided guidance for the application for parcelling-out within the period from March 22, 2017 to May 20, 2017 to its members for parcelling-out.

Since May 21, 2017, the period of application for parcelling-out was extended from May 21, 2017 to May 30, 2017.

C. After that, the Defendant established a management and disposition plan to classify the Plaintiff as a person subject to cash settlement (hereinafter “instant management and disposition plan”) on the ground that the Plaintiff did not file an application for parcelling-out within the period of application for parcelling-out, and approved it by the head of the Dong-gu, Gwangju Metropolitan City on July 27, 2018, and the above management and disposition plan was publicly notified as Dong-gu, Gwangju Metropolitan

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The part of the Defendant’s claim for partial revocation of the management and disposition plan among the lawsuits in this case’s main defense is unlawful, as the period for filing the lawsuit is expired under Article 20(1) and (2) of the Administrative Litigation Act

B. According to Article 20(1) and (2) of the Administrative Litigation Act, a revocation suit must be instituted within 90 days from the date when the disposition became known, and one year from the date of the disposition.

In addition, when an administrative disposition is taken through a public notice or notification, the counterpart to the disposition is many and unspecified persons, and the effect of the disposition is uniformly equal to that of many and unspecified persons.

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