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(영문) 부산지방법원동부지원 2019.11.12 2018가단7759

토지보상금확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a former owner of 4081/5780 shares in the instant site (hereinafter “instant shares”).

The defendant is the Housing Redevelopment Improvement Project Association whose business area covers 42,231.3 square meters, including the shares in the case of this case.

B. In order to formulate a management and disposal plan, the Defendant requested the E Appraisal Corporation and F Appraisal Corporation (hereinafter “each of the appraisal corporations of this case”) to appraise the previous assets.

Article 74 (Authorization, etc. of Management and Disposal Plans) (1) When the period for application for parcelling-out under Article 72 expires, a project implementer shall formulate a management and disposal plan including the following matters based on the current status of application for parcelling-out, and obtain authorization from the head of a Si/Gun, etc., and the same shall also apply to the modification, suspension, or abolition of a management and disposal plan:

Provided, That a modification to any minor matter prescribed by Presidential Decree shall be reported to the head of a Si/Gun, etc.

5. The price (the price shall be based on the date permission is obtained from the head of a Si/Gun, etc. in cases of a building removed pursuant to Article 81(3) prior to the authorization of a project implementation plan) based on the date of the public announcement of the details of the previous land or building by a person subject to sale and the approval of a project implementation plan. Accordingly, the land assessment report prepared on the portion of this case, which was made out of the share of this case, shall be KRW 1,707,50, the current status of the share of this case shall be KRW 1707,50, and the current status shall be KRW 563,500, the current status of the share of this case shall be KRW 141,50, a river, and the appraised statement on the previous asset assessment prepared on February 28, 2017 with respect to the share of this case shall be KRW

C. On March 20, 2017, the Plaintiff stated to the effect that “The assessed value of the instant share ought to be determined by dividing the assessed value of the instant site according to the share ratio.”