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(영문) 서울행정법원 2020.04.24 2019구합59455
관리처분계획 무효확인
Text

1. All claims filed by Plaintiffs A and B among the instant lawsuits are dismissed.

2. The plaintiff C's claim is dismissed.

3...

Reasons

Details of the disposition

The defendant is the Housing Redevelopment and Improvement Project Association which obtained approval on April 27, 2009 to implement housing redevelopment and rearrangement projects on the scale of 66,062 square meters in Eunpyeong-gu Seoul, Seoul.

The plaintiffs are the owners of each of the relevant real estate listed in the attached Table 1 list in the above business zone.

The Defendant obtained authorization for the implementation of the project from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Eunpyeong-gu") on August 2, 2012, and authorization for the implementation of the project on June 26, 2014, respectively.

On June 30, 2014, the Defendant determined the period for application for parcelling-out as “from July 7, 2014 to September 4, 2014” and publicly notified the application for parcelling-out, and extended the period for application for parcelling-out on September 5, 2014 to “from September 5, 2014 to September 24, 2014” and publicly notified the application for parcelling-out.

The defendant's members were 548 members at the time of the procedure for the above application for parcelling-out = 495 members of the 428 members of the 428-day unit as the date of preparation of the application for parcelling-out under the first application for parcelling-out = 67 members of the 67 unit within the first application period for parcelling-out, and 7 members of the 67 unit within the first application period for parcelling-out as the date of issuance of attached documents, did not record the date of preparation of the application for parcelling-out within the extended period as the date of preparation of the application for parcelling-out as the date of issuance of attached documents, but filed each application for parcelling-out within

Plaintiff

A On July 30, 2014, and August 23, 2014, Plaintiff B filed an application for parcelling-out to each Defendant.

Plaintiff

C did not apply for parcelling-out to the defendant within the above period of application for parcelling-out.

Plaintiff

A On October 26, 2015, and on April 7, 2015, Plaintiff B notified each Defendant of his withdrawal of the application for parcelling-out.

The defendant has filed an application for parcelling-out in duplicate among the applicants for parcelling-out, or brought up a person who is eligible for cash settlement on a parcel under its own, and is held on September 24, 2016 at the association general meeting (the 16th special meeting) held on September 24.

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