관리처분계획일부취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Defendant is a maintenance and improvement project association that implements a housing reconstruction project by making the Yangcheon-gu Seoul Metropolitan Government D Il-gu 24,519.50 square meters (hereinafter “instant rearrangement zone”) a rearrangement zone as a rearrangement zone.
The plaintiffs are the members of the defendant who own the land and buildings listed in the attached list of real estate in the improvement zone of this case (hereinafter referred to as "each real estate of this case" in total of the land and buildings owned by the plaintiff A and B).
B. On March 20, 2014, the head of Yangcheon-gu Seoul Metropolitan Government (hereinafter “the head of Yangcheon-gu”) publicly announced the authorization to implement the project for the Defendant.
On May 7, 2014, in order to establish a management and disposal plan, the Defendant requested an appraisal corporation and one appraisal corporation (hereinafter “Japanese appraisal corporation”) to conduct an appraisal of land and buildings in the rearrangement zone in the instant case. The Defendant requested two appraisal corporations to conduct an appraisal of land and buildings in the instant improvement zone.
C. On March 2015, the Defendant submitted an appraisal report that evaluates the value of land and buildings within the instant improvement zone at the time of the public announcement of project implementation approval from each appraisal corporation of the instant case as of March 20, 2014, which is the date of the public announcement of project implementation approval, and then decided on a management and disposal plan formulated on the basis of the average of the two appraisal values at an ordinary general meeting held on April 25, 2015.
(hereinafter “instant management and disposition plan”). The head of Yangcheon-gu approved the instant management and disposition plan on June 12, 2015, and publicly notified it on June 18, 2015.
The appraised value of the previous land and buildings against the plaintiffs in the management and disposal plan of this case is as follows:
(2) Of the instant management and disposal plan, the part of the appraised value of the Plaintiffs’ land and buildings is referred to as “this part of the management and disposal plan.”