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(영문) 서울행정법원 2016.04.29 2014구합56901
관리처분계획일부취소
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 a maintenance and improvement project association established to implement a housing redevelopment project by designating the area of 50,048 square meters in Seongdong-gu Seoul Metropolitan Government D (hereinafter “instant rearrangement zone”) as a rearrangement zone.

The Plaintiff is the owner of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government 129 cubic meters (hereinafter referred to as “instant land”) located within the instant improvement zone, and the Plaintiff is an association member who applied for the sale to the Defendant.

B. On December 22, 2011, the Defendant received project implementation authorization from the head of Seongdong-gu Seoul Metropolitan Government, and requested the appraisal corporation for the land and buildings in the rearrangement zone of this case, including the instant land, to the appraisal corporation (hereinafter “sub-type appraisal corporation”) and Samsung C& appraisal corporation (hereinafter “sub-type appraisal corporation”) in order to establish a management and disposal plan.

C. On April 22, 2012, the Defendant submitted an appraisal report that evaluates the value of land and buildings in the instant improvement zone as of December 22, 201 from each of the instant appraisal corporations, and notified the Plaintiff of the assessed value of the previous assets on June 20, 2012, by taking an arithmetic mean of the two appraised values.

On September 21, 2012, the Defendant formulated a management and disposal plan (hereinafter referred to as “management and disposal plan”) on the basis of the previous asset appraised (hereinafter referred to as “the result of the association’s appraisal”) obtained by calculating the arithmetic mean of the appraised values of each of the instant appraisal corporations, and decided on the draft

The above-mentioned management and disposal plan shall be authorized by the head of Seongdong-gu Seoul Metropolitan Government on February 27, 2014, and the head of Seongdong-gu Seoul Metropolitan Government publicly announced the authorization of the management and disposal plan on the same day.

Of the above management and disposition plans, the appraised value of the previous assets for the land of this case is KRW 516,00,000.

(2) The portion of the appraisal value of the previous assets on the instant land is deemed to be a management and disposal plan.

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