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(영문) 광주지방법원 2019.06.20 2018구합10699

관리처분계획취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is an association that implements a housing redevelopment improvement project in the Dong-gu, Gwangju Metropolitan City (hereinafter “instant rearrangement zone”). The Plaintiff is the Plaintiff’s member, who is the owner of the 72.39 square meters and the 24.79 square meters and the 33 square meters and the 24.79 square meters and the 33 square meters and the 24.79 square meters and the 33 square meters and the 24.79 square meters and the 24.79 square meters and the 33 square meters in total of the above land and buildings in the instant rearrangement zone.

Plaintiff

The details of the real estate owned by the owner, the size of the site to be sold in lots, and the estimated amount of the Plaintiff’s share of KRW 138,42,00,000, the assessed amount of the Plaintiff’s share of KRW 268,422,00,000, KRW 284,250,000 E- Land KRW 284,250,000, KRW 95.1,000, KRW 14,978,500, KRW 95.1,000, KRW 682,00,00 for E land (road part) (=the previous asset price x proportional ratio) (= the previous asset price x the proportional ratio) 187,376,481, KRW 72.39,00, KRW 24.79, KRW 42,948,50,00 for a single-story house on the D-owned land (= the amount of the right -)

B. On December 27, 2017, the Defendant obtained approval from the head of the Dong-gu Gwangju Metropolitan City with the management and disposal plan, and the previous asset price, which forms the basis of the management and disposal plan, was calculated based on the results of the appraisal conducted by F and G Co., Ltd. (hereinafter the above two appraisal results, collectively referred to as “each of the instant appraisal”). Of the previous asset price calculated, the details and prices of the Plaintiff’s real estate, the size and estimated amount of the land and constructed facilities that the Plaintiff would sell to the Plaintiff, and the Plaintiff’s contribution are as listed

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, 9, Eul evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Each appraisal of the Plaintiff’s assertion does not properly compare the real estate owned by the Plaintiff with the standard for comparison.