logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.12 2018구합63311
관리처분계획무효확인
Text

1. Of the instant lawsuit, the part regarding “the amount of rights of members of neighborhood living facilities (or virtual value) and the calculation standards for charges.”

Reasons

1. Basic facts

A. The Defendant was established for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) that constructs apartment houses (multi-family housing) and ancillary welfare facilities at the first day of the Ansan-si, Ansan-si, and was authorized to establish the association on July 24, 2009 by the Ansan-si, and the Plaintiffs are the co-owners of the commercial buildings in the instant project area as the Defendant’s members.

B. On August 23, 2014, the Defendant: (a) held a general meeting of partners to propose and resolve the formulation of the management and disposition plan; and (b) received the approval of the management and disposition plan from the mayor of Ansan on September 24, 2014.

(A) The management and disposition plan authorized as above is the management and disposition plan of this case (hereinafter “the management and disposition plan”).

The Plaintiffs filed a lawsuit seeking revocation of the part of the standards for calculating the amount and charges (hereinafter “instant standards for calculation”) of the rights of members of neighborhood living facilities in the instant management and disposition plan, as Suwon District Court 2014Guhap58922, and the said court rendered a judgment on January 12, 2016.

Therefore, the Defendant appealed as Seoul High Court Decision 2016Nu34853, but the said court rendered a judgment dismissing the Defendant’s appeal on June 13, 2017 on the ground that “the part related to the commercial building in the instant management and disposition plan cannot be deemed to have been lawfully established.” The Defendant again appealed as Supreme Court Decision 2017Du52801, but the Supreme Court rendered a judgment dismissing the Defendant’s appeal on September 5, 2017, and the said judgment became final and conclusive on September 8, 2017.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 14, and 19 (including each number), the purport of the whole pleadings

2. If there is a final and conclusive judgment revoking an administrative disposition that seeks the confirmation of invalidity of the calculation standard of this case among the lawsuits of this case is legitimate, a separate procedure, such as revocation of the administrative disposition or notification of cancellation, is not required by the formation of the judgment of revocation.

arrow