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(영문) 수원지방법원 2015.01.14 2014구합4116

수용재결신청청구거부처분 취소

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1. On April 4, 2014, the Defendant filed an application for adjudication on expropriation of real estate stated in the attached Table 1, with the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant is the partnership established on August 7, 2009. On December 6, 201, the Defendant is the project implementer of B housing redevelopment rearrangement project (hereinafter “instant project”) for which the project implementation authorization (48 months from the date of project implementation authorization) has been granted, and the Plaintiff is the owner of the real estate listed in the attached Table 1 list in the said project implementation district (hereinafter “instant real estate”).

B. On January 31, 2011, the Defendant announced the application period for parcelling-out to the members of the instant project from February 21, 2011 to March 22, 2011. The Plaintiff did not apply for parcelling-out to the Defendant by March 22, 201, which is the expiration date of the above application period.

Article 44 (Application for Parcelling-Out, etc.) (4) A cooperative shall liquidate in cash buildings and other rights within 150 days from the date it falls under any of the following subparagraphs, if a member falls under any of the following subparagraphs:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. A person excluded from objects to parcelling-out according to the authorized management and disposal plan.

C. Meanwhile, Article 44(4) and (5) of the Defendant’s Articles of Incorporation stipulate as follows.

The Defendant, after the completion of the period for application for parcelling-out, did not complete the consultation procedure, such as notifying the Plaintiff of the period for consultation, on September 12, 2013, after obtaining authorization for the implementation of the project, to partially modify the total floor area, building-to-land ratio, floor area ratio, etc. on September 12, 2013, issued an application for parcelling-out (from November 4 to December 4, 2013)

E. On February 4, 2014, the Plaintiff’s name or title, address, type and name of public works, and the name of the landowner and person concerned, to the Defendant.