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(영문) 서울행정법원 2015.08.21 2015구합55189
관리처분계획 등 무효확인
Text

1. The plaintiff shall dismiss the lawsuit against the head of Mapo-gu Seoul Metropolitan Government;

2. The plaintiff's defendant.

Reasons

1. Details of the disposition;

A. The Defendant Cooperative is a housing redevelopment and rearrangement project partnership established to implement a housing redevelopment project in Mapo-gu Seoul Metropolitan Government F.F. 64,452.96 square meters (hereinafter “instant rearrangement zone”). The Plaintiff is the owner of land, etc. who owned real estate in the said project zone.

B. 1) The first disposition of approving the establishment of the CHousing Redevelopment Project Association, a telegraph of the Defendant association, filed an application with the head of Mapo-gu with the consent of establishment (hereinafter “first consent”) from the owners of land, etc. located in the instant rearrangement zone, and the committee for promoting the establishment of the C Housing Redevelopment Project Association (hereinafter “first consent”). On November 29, 2006, some members were granted the first disposition of approving the establishment of the association from the head of Mapo-gu (hereinafter “first disposition of approving the establishment”). However, the first instance court (Seoul Administrative Court 2009Guhap46146) declared an dismissal decision on the ground that there is no interest in lawsuit, but the appellate court (Seoul High Court 2010Nu27761) declared that the first disposition of approving the establishment of the 2010 project was an effective means to resolve the relevant dispute, and thus, the first disposition of approving the establishment of the association was invalid on the ground that it did not meet the first project implementation period of 201.

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