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(영문) 서울행정법원 2017.01.06 2016구합56325

관리처분계획 취소청구등의소

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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. The Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment project (hereinafter “instant project”) with a size of 67,271.3 square meters in Jung-gu Seoul, Jung-gu, Seoul as a rearrangement zone. The rest of the Plaintiffs except the Plaintiff E shares 291.2 square meters in Jung-gu, Seoul (hereinafter “instant land”). Plaintiff E owns 1,55 square meters in Seoul, Jung-gu, Seoul (hereinafter “instant land”) located within the instant project zone. Plaintiff E is the Plaintiff’s association members.

B. On June 11, 2010, in order to establish a management and disposal plan which serves as the basis for implementing the said housing redevelopment project after obtaining authorization from the head of the Gu to implement the said housing redevelopment project, the Defendant requested an appraisal of the land and buildings located within the instant project zone, including the instant land Nos. 1 and 2, to the Korea Appraisal Corporation (hereinafter referred to as the “Korea Appraisal Corporation”) and the Korea Appraisal Corporation (hereinafter referred to as the “Korea Appraisal Corporation”), which is an appraisal business entity, as of June 16, 2010, in order to establish a management and disposal plan which serves as the basis for implementing the said housing redevelopment project.

C. After receiving an appraisal report that evaluates the value of land and buildings within the instant project zone from each appraisal corporation, the Defendant passed a resolution on a management and disposal plan formulated based on the arithmetic mean of the appraisal values of each of the said appraisal corporations at an extraordinary general meeting held on April 15, 201, and obtained authorization from the head of the Gu on July 4, 2012.

(hereinafter above, the management and disposal plan authorized as above is referred to as “previous management and disposal plan”). D.

Since then, the defendant changed the project implementation plan of the project of this case to the head of the Gu on October 13, 2014, which was finally approved by the head of the Gu, and on October 15, 2014.