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(영문) 인천지방법원 2021.01.21 2020구합52645
관리처분계획일부취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant carried out the instant project by obtaining authorization for the establishment of an association on May 31, 2010 from the Seocheon-gu, Seocheon-gu, Seocheon-gu, Cdong-gu, and 293,000 square meters of land for redevelopment project (hereinafter “instant project”), which was established to promote the redevelopment project (hereinafter “instant project”).

B. The Defendant publicly announced the period for application for parcelling-out to cooperative members from April 6, 2017 to May 19, 2017, respectively, and from May 20, 2017 to June 8, 2017.

(c)

On April 13, 2017, the period for filing an application for parcelling-out, the Plaintiff acquired the ownership of 1/6 shares in the house and warehouse on the ground of the land for the project of this case from Nonparty E (hereinafter referred to as “house of this case, etc.”) located in the land for the project of this case, but did not apply for parcelling-out within the period for filing an application for parcelling-out.

(d)

The Defendant prepared a management and disposition plan that determines the Plaintiff as a person subject to cash settlement (hereinafter referred to as “instant management and disposition plan”), and obtained authorization from the vice-market on May 4, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 5, Eul evidence Nos. 3 and 4 (including each number), the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion is sent to E, who is not the plaintiff, and the plaintiff was unable to apply for parcelling-out within the period of application for parcelling-out.

The defendant's management and disposal plan of this case, which classified the plaintiff as a person subject to cash liquidation, is null and void because there is a significant and apparent defect, since the defendant does not confirm who is at least the owner of the land, etc. before making the application for parcelling-out, but failed to confirm it.

3. Determination as to the legitimacy of the instant lawsuit

A. A management and disposal plan concerning the main claim is the owner, etc. of the existing land or building.

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