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(영문) 서울행정법원 2020.06.05 2019구합51437
관리처분계획 일부무효확인 등 청구의 소
Text

1. The Defendant’s management and disposition plan authorized by the head of Seongdong-gu Seoul Metropolitan Government on July 6, 2018, shall be net C.

Reasons

Details of the disposition

The defendant is the Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment project with the whole area of Seongdong-gu Seoul Metropolitan Government and 518 lots, and the network C (hereinafter referred to as "the deceased") is the owner of Seongdong-gu Seoul Metropolitan Building D Ground (hereinafter referred to as "the building in this case") located within the defendant's business zone until January 10, 2019, and the plaintiff is the deceased's person.

On January 12, 2017, the defendant obtained authorization for the implementation of the Seongdong-gu Seoul Metropolitan Government E-mail from the head of Seongdong-gu Seoul Metropolitan Government.

On January 16, 2017, the defendant publicly announced the application for parcelling-out to the members and received the application for parcelling-out from January 20, 2017 to February 24, 2017, and the deceased did not apply for parcelling-out.

On December 26, 2017, the Defendant passed a resolution on a management and disposal plan to classify the deceased as a cash liquidator by opening a general meeting on December 26, 2017. On July 6, 2018, the Defendant received a management and disposal plan (hereinafter “management and disposal plan of this case”) from the head of Seongdong-gu Seoul Metropolitan Government.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 3, 4, 12 evidence, and the whole purport of pleading are as shown in the attached Form of the law.

The deceased is the defendant's member of the procedure to notify the summary of the plaintiff's assertion as to the legitimacy of the disposition of this case.

However, the Defendant failed to give notice on the application for parcelling-out to the deceased’s address and failed to apply for parcelling-out due to the Plaintiff’s failure to receive notice, and as such, the deceased was classified as cash liquidation, the part on the deceased in the instant management and disposal plan of this case is invalid because its defect is significant and apparent.

According to Article 48(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), the project implementer is the closing asset price for its members prior to the resolution of the general meeting to formulate the management and disposal plan.

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