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(영문) 대구지방법원 2014.04.11 2012구합708

관리처분총회결의무효확인

Text

1. The defendant's management and disposition plan approved by the head of Daegu Metropolitan City on March 21, 2012, including estimated amounts in attached Form.

Reasons

1. Basic facts

A. The Defendant’s establishment and the Plaintiffs’ status are the Housing Reconstruction and Improvement Project Association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to carry out the housing reconstruction project on the land size of 459,631 square meters outside Daegu-gu, Daegu-gu, and 2004 (hereinafter “the instant project”). On December 24, 200, the Plaintiffs are the owners of the land and buildings within the instant project zone, and are in the position of the association members who applied for a parcelling-out.

B. 1) The Defendant is authorized to implement the first project implementation plan of the project of this case by the head of the Gu on June 13, 2005 (hereinafter “the first project implementation authorization”).

shall have received, and shall have received, any

9. From 21 to 21 October 21, 200, an application for parcelling-out for multi-family housing, etc. newly constructed as the project in this case (hereinafter referred to as "first application for parcelling-out") was received from the members, and the period of parcelling-out was extended twice by April 10, 206. Of the plaintiffs, C, D, and E applied for parcelling-out during the above period, and the rest of the plaintiffs (hereinafter referred to as "the plaintiffs") did not apply for parcelling-out.

2. At an ordinary general meeting held on March 9, 2006, the defendant adopted a resolution on the method of calculating the amount of the right, which derives from the formula of the amount of the substitute compensation for the union members (i.e., the estimated amount of development gains x the site area x the appraised value), which is not reflected in the existing value of the real estate in the project district of this case, but calculated the amount of

3. On June 9, 2006, the Defendant submitted to the head of the mid- July 13, 2006, a management and disposal plan including the above contents and applied for authorization.