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(영문) 대전지방법원 2017.02.15 2016구합103162
관리처분계획 무효확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 24, 2006, the Defendant is a juristic person which obtained authorization to establish a housing redevelopment improvement project from the Incheonan City Mayor to implement the housing redevelopment improvement project, and the Plaintiffs are the owners of land or buildings within the said housing redevelopment improvement zone or the persons with superficies (hereinafter “land owners”) who are members of the Defendant or are subject to cash liquidation.

B. On December 31, 2007, the Defendant obtained authorization for project implementation (hereinafter “the first project implementation authorization”) from the Incheonan City Mayor to the extent of KRW 88,196.40 square meters in the Z (hereinafter “instant rearrangement zone”) and from the project implementation authorization date to December 2, 2011, the project cost of KRW 285,304,323,000 in the project cost from the project implementation authorization date.

The first project implementation authorization was announced as AA on January 2, 2008.

C. On March 5, 2008, the Defendant selected two appraisal business entities (Korea Appraisal Board and Korea Appraisal Board) to appraise the appraised value of land, buildings, etc. in the instant rearrangement zone, and the said appraisal business entity conducted an appraisal of the appraised value of land, buildings, etc. as of January 2, 2008, which is the date of first public announcement of project implementation authorization.

When the Defendant was unable to carry out redevelopment projects with the existing contractor, on April 28, 2012, the Defendant selected Hansung Construction Co., Ltd. (hereinafter referred to as “ Hansung Construction”) as a new contractor at the ordinary meeting of shareholders on April 28, 2012, and confirmed the conclusion of the above construction contract at the ordinary meeting of shareholders on May 24, 2013 after concluding the construction contract with Hansung Construction.

E. The Defendant filed an application for change of the project implementation plan with respect to housing construction plans, such as the size of a rearrangement zone, building site area, housing size, etc. on September 16, 2013. On September 16, 2013, the Defendant applied for change of the project implementation plan with respect to the size of the rearrangement zone from 88,196.40 square meters to 88,193.5 square meters, and the project implementation period from the date of authorization for the project implementation to December 201.

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