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(영문) 서울행정법원 2016.05.20 2015구합58607

관리처분계획취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project whose area is 80,513.30 square meters in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant project area”) and the Plaintiff is the Defendant’s member, a purchaser who purchased the Seongbuk-gu Seoul Metropolitan Government Daehan (hereinafter “instant land”) on April 29, 2004.

B. On July 22, 2009, the Defendant received project implementation authorization for the said redevelopment project from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “the head of Seongbuk-gu”) and requested an appraisal corporation (hereinafter “Korea Appraisal Corporation”) and the Korea Appraisal Corporation (hereinafter “Korea Appraisal Corporation”), which is an appraisal business entity, to establish a management and disposal plan, to conduct an appraisal on the land and buildings located within the instant project zone, including the instant land, as of July 22, 2009, when the project implementation authorization was publicly announced.

C. After receiving an appraisal report on the value of land and buildings within the instant project zone from each appraisal corporation, the Defendant has formulated a management and disposal plan, based on the arithmetic mean of each appraisal value, including the former and buildings appraised value, total appraised value, estimated estimated value of each sale, etc., on the basis of the arithmetic mean of each appraisal value, and obtained authorization from the head of Seongbuk-gu on February 24, 2015.

The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization of the management and disposal plan on February 26, 2015.

(hereinafter referred to as the “instant management and disposition plan”). D.

On the other hand, each appraisal corporation of this case has a land category of 90 square meters in Seongbuk-gu Seoul Metropolitan Government in appraising the land of this case: the site and the status of use.