관리처분계획인가취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
A. The Defendant is a maintenance and improvement project association that was established to implement a housing reconstruction improvement project by setting up the area of 50,074 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant rearrangement zone”) as a rearrangement zone and has obtained authorization to establish a partnership on March 17, 2009.
The Plaintiff is the Defendant’s member, as the owner of the first floor No. 101 (hereinafter “instant real estate”) of Ulsan-gu D and E-ground Borrowing (hereinafter “FF Borrowing”) located in the instant improvement zone.
B. On March 7, 2014, the head of the Nam-gu Busan Metropolitan City (hereinafter “the head of the Nam-gu”) publicly announced the authorization to implement the project for the Defendant.
In order to establish a management and disposal plan, the Defendant requested the Sam Chang Chang Corporation and the Central Appraisal Corporation (hereinafter collectively referred to as “each of the appraisal corporations of this case”) to appraise the land and buildings in the rearrangement zone of this case (hereinafter referred to as “the previous appraisal corporation of this case”).
C. On March 7, 2014, the date of public announcement of project implementation authorization by each appraisal corporation of the instant case, the Defendant submitted an appraisal report that evaluates the value of land and buildings in the instant rearrangement zone at the time as of March 7, 2014, and resolved on a management and disposal plan formulated based on the value of previous assets computed by averaging the values of two appraisal at the special meeting held on June 7, 201
(hereinafter “instant management and disposition plan”). On January 20, 2016, the remaining head of the Gu (hereinafter “the instant management and disposition plan”) approved the instant management and disposition plan (hereinafter “instant management and disposition plan”), and notified the scheduled date of the public notice as January 22, 2016.
The appraised value of the previous asset area of the building is 189,938,250 won included in the building price of KRW 189,938,250,00,000,000,000,000,000,000,000,000,000,000
D. Of the instant management and disposition plan, this case’s evaluation of the previous assets.