관리처분계획취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Details of the disposition
The Defendant was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) in the area of 65,557 square meters in Young-gu, Busan Metropolitan City. On March 12, 2012, the Defendant is a housing redevelopment improvement project association that obtained authorization from the head of the Gu on March 12, 2012. The Plaintiffs are the Defendant’s members who jointly own 1/2 each of the land of this case, the Busan Young-do E-gu, Busan Metropolitan City and 179 square meters and the F large 353 square meters (hereinafter “each land of this case”).
On January 23, 2017, the Defendant established a project implementation plan for the Housing Redevelopment Improvement Project on the instant rearrangement project and publicly notified as G publicly notified on February 8, 2017 by the head of Yeongdeungpo-do Busan Metropolitan City Office with the approval of the project implementation plan.
In order to formulate a management and disposal plan, the Defendant received an appraisal report that evaluates the value of land and buildings within the rearrangement zone of this case as of February 8, 2017, which is the date of public announcement of project implementation authorization from H and I (hereinafter “each appraisal corporation of this case”) at the time as of February 8, 2017.
On October 28, 2017, the Defendant formulated a management and disposal plan based on the average of the appraisal values of each appraisal corporation of this case (hereinafter referred to as “instant management and disposal plan”), and passed a resolution at the general meeting of partners on October 28, 2017, following the public announcement of the sale of the association members and the procedures for application for parcelling-out, and the head of the Young-do Busan Metropolitan City Office approved the instant management and disposal plan
(2) Of the management and disposition plan of this case, the part of the appraisal value of each of the lands of this case as to each of the lands of this case is as follows: (a) the detailed evaluation contents of each of the lands of this case as to each of the appraisal corporations of this case and the appraisal by the appraiser J (hereinafter “court appraisal”) are as stated in the separate appraisal list of attached Table 1.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Gap evidence 6.