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(영문) 수원지방법원 2018.02.13 2017구합60513

관리처분계획취소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. During Ansan-si, the Defendant is a maintenance and improvement project association that implements a housing redevelopment project (hereinafter “instant rearrangement project”) by setting the size of 123,962 square meters in the Gu E and 709 parcel as the rearrangement zone (hereinafter “instant rearrangement zone”). The Plaintiffs are the members of the Defendant who own each land (hereinafter “each land of this case”) indicated in the list of the rearrangement zone (attached Form 1), and according to the specific sequence of time, “(i) or (iv) land” is located in the rearrangement zone.

B. On December 30, 2009, the Defendant, on the ground of the instant improvement project, determined the specific use area of 123,962 square meters of each of the instant land, etc. in the rearrangement zone as Class 1 general residential area to Class 2 general residential area (revision) from Class 1 general residential area.

C. On July 25, 201, the Defendant obtained authorization to establish an association, and obtained authorization to implement the instant rearrangement project on September 22, 2015, and thereafter, received an appraisal report evaluating the value of land and structures in the instant rearrangement zone at the time of September 22, 2015, which is the date of public announcement of authorization for project implementation, from a national appraisal corporation of the Republic of Korea and the Uniform Appraisal Corporation (hereinafter “each appraisal corporation of this case”) selected by the Ansan market on May 4, 2016 to establish a management and disposal plan.

The Defendant passed a resolution on the management and disposal plan formulated based on the arithmetic mean of the appraised values of each appraisal corporation of the instant case (hereinafter “instant management and disposal plan”), and the Ansan City approved the instant management and disposal plan on November 24, 2016.

(2) Of the management and disposition plan of this case, the appraisal value of each of the lands listed in the plaintiffs' list (attached Form 1) shall be “this part of the management and disposition plan.” (e) Meanwhile, the appraisal results of each appraisal corporation of this case and appraiser G (hereinafter “court appraisal”).

The detailed evaluation details of each of the instant lands (attached Form 2.) shall be as follows.