관리처분계획취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. During Ansan-si, the Defendant is a maintenance and improvement project association that implements a housing reconstruction project (hereinafter “instant rearrangement project”) by setting the land size of 52,237.7 square meters in the Gu (hereinafter “instant rearrangement project”) as the rearrangement zone (hereinafter “instant rearrangement zone”). The Plaintiff is the Defendant’s member who owns each commercial building listed in the list (attached Form 1] in the instant rearrangement zone (hereinafter “each commercial building in this case”); and the building located in each of the above commercial buildings (hereinafter “instant building”).
B. In order to establish a management and disposal plan on September 29, 2009, the Defendant obtained authorization to establish an association, and obtained authorization to implement the instant rearrangement project on October 31, 2014, and to establish a management and disposal plan thereafter, the Defendant received an appraisal report evaluating the value of land and structures within the rearrangement zone of the instant improvement zone as of October 31, 2014, which is the date of public announcement of authorization to implement the project from the State Appraisal Corporation of the Korea Stock Company and
(hereinafter referred to as “each of the appraisal of this case”)
The Defendant passed a resolution on a management and disposition plan formulated based on the arithmetic mean of the respective appraised values of the instant case’s assets (hereinafter “instant management and disposition plan”), and the Ansan City approved the instant management and disposition plan on March 13, 2017.
(hereinafter) Of the instant management and disposition plan, the assessed value of the previous assets for each of the instant commercial buildings is referred to as “this part of the management and disposition plan”).
On the other hand, with respect to each of the instant commercial buildings, the amount of evaluation based on the previous asset evaluation amount under each of the instant appraisal and the result of appraiser D’s appraisal (hereinafter “court appraisal”) is as shown in attached Form 1.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. Whether this part of the management and disposal plan is legitimate
A. The Plaintiff’s assertion 1 Each appraisal corporation of the instant case is an appraisal corporation on May 31, 2014.