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(영문) 수원지방법원 2020.02.13 2018구합70715
관리처분계획변경결의무효확인 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. In order to implement housing reconstruction improvement projects (hereinafter “instant project”) in Guangsi-si Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), the Defendant was an association established on November 26, 2010 after obtaining authorization for the establishment of the Guangdo mayor on December 6, 2010, and the Plaintiff owned 1/2 shares of reinforced concrete and brickd 224 square meters in the instant project area and 4-story neighborhood living facilities and housing buildings (hereinafter “instant commercial buildings”) within the instant project.

B. On February 11, 2014, the Defendant obtained authorization for the project implementation of the instant project from the king Mayor, and the said authorization was publicly notified as E on February 17, 2014.

C. After May 2016, the Defendant received respectively an appraisal report that evaluates the value of the land and buildings within the instant business area including the instant commercial buildings at the base point of time as of February 17, 2014, which is the date of announcement of project implementation authorization from F and G, a stock company, and G, to formulate a management and disposal plan.

(hereinafter referred to as “each appraisal of this case”) D.

The Defendant passed a resolution on the management and disposal plan formulated based on the arithmetic mean of the respective appraised values of the instant case, and obtained the authorization of the said management and disposal plan on August 9, 2016 from the king mayor, and obtained the authorization of the said management and disposal plan on October 26, 2017 and May 1, 2018, respectively.

E. On July 28, 2018, the Defendant again opened an extraordinary general meeting and resolved to amend the management and disposition plan, and the amended management and disposition plan (hereinafter “instant management and disposition plan”) amended the provisions on the standards for sale of commercial buildings as follows (referring to the amended part through the said amendment resolution). The instant management and disposition plan (hereinafter “instant management and disposition plan”).

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