관리처분계획 무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. During Ansan-si, the Defendant was authorized to establish a partnership on July 25, 201, as the implementer of B housing redevelopment improvement project (hereinafter “instant project”) whose size is 133,418 square meters of the total area of C in the Gu as an improvement zone.
On September 22, 2015, the project implementation plan of the instant project was authorized as D Public Notice of Ansan-si, and on November 24, 2016, the management and disposal plan was authorized as E Public Notice of Ansan-si on November 24, 2016.
(hereinafter referred to as “instant management and disposition plan”). B.
On August 28, 2015, the Plaintiff purchased business rights from I who was engaged in the licensed real estate agent business (trade name: H Licensed Real Estate Agent Office) in Ansan-gu and G during the period of Ansan-si, within the instant business area, and then registered the brokerage office with the Gu office during Gyeyang-si on December 4, 2015, and started business from that time.
C. On July 31, 2017, the Defendant filed an application for adjudication with the competent local Land Tribunal on July 31, 2017, which did not reach an agreement with the Plaintiff on the business compensation. On March 26, 2018, the said Committee rendered an adjudication on the business compensation amounting to KRW 28,90,000, and the date of commencement of expropriation.
(hereinafter “instant acceptance ruling”) D.
The defendant did not deposit the compensation pursuant to the ruling of acceptance of this case by May 10, 2018, which is the starting date of expropriation.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings
2. The Defendant asserted that the Plaintiff did not make any lawful compensation for the Plaintiff’s goodwill, and continued to implement a rearrangement project.
In addition, Articles 3(1) and 3(1)(Development and Development of School Sites) of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 14604, Mar. 21, 2017; hereinafter the same) (1) 300 households (the development project falling under Article 5(4)3 shall be limited to the number of households less such development project portion, and the housing reconstruction project under subparagraph 2(c) of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be limited to the number of households