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(영문) 서울행정법원 2015.04.30 2015구합52715
관리처분계획안 수립 총회 결의 무효확인 청구의 소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an association established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) whose project implementation district covers the Eunpyeong-gu Seoul Metropolitan Government E Group 63,168 square meters as a project implementation district, and obtained authorization for the establishment of the association from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) on December 30, 2008.

The plaintiffs are the members of the defendant.

B. The Defendant received an authorization to implement the project from the head of Eunpyeong-gu on September 26, 2013, and received the application for parcelling-out from October 22, 2013 to December 6, 2013.

- The above content is an example calculated by estimating the proportion ratio and the sales price of the association members in order to present the method of estimating the burden to help the understanding of the association members. The charges for each person subject to parcelling-out shall be determined according to the appraisal of the previous and after-sale assets, the result of application for parcelling-out, the main contract of the Si construction, the alteration and modification of the promotion plan, the change of other conditions such as the change of the previous and after-sale assets, the consultation with the approval and permission authority, the size, location, purpose, and the utility level of the previous land and buildings owned by each association member, and the above example material is used as reference material for the application for parcelling-out only.

In addition, after completion of the application for parcelling-out, appraisal of the previous and subsequent assets and the main contract for the construction of the city, it is possible to separately notify the detailed statement of the management and disposal plan including the details of the charges at least one month prior to the date of the general meeting for the formulation of the management and disposal plan pursuant to Article 48

C. The Defendant informed the members of the estimated amount of charges at the stage of the above application for parcelling-out as KRW 270 billion, and the above notice included the following matters in addition to the outlined amount of charges.

A general meeting held by the Defendant on July 29, 2014 (hereinafter referred to as “instant general meeting”).

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