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(영문) 수원지방법원 2019.04.23 2018구합70968
관리처분계획 무효확인
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 housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project of 111,66.10 square meters of Gu, Dong, Dong (hereinafter “Cdong”) in Ansan-si, and the Plaintiff was the owner of Dong-dong H and I. The share of 15.3/2 of the land size of 9012 square meters in the relevant business area and the 15.3/2 of the land size of 9012.2 square meters in the relevant business area.

(hereinafter referred to as the "instant project"). B.

On July 23, 2015, after obtaining approval of a project implementation plan from the Ansan market, the Defendant publicly announced the application for parcelling-out on September 14, 2015, and sent to the Plaintiff a written guidance for application for parcelling-out (from September 15, 2015 to November 7, 2015) to notify the Plaintiff of the fact.

On November 5, 2015, the Plaintiff submitted to the Defendant an application for parcelling-out and a written opinion wishing to apply for parcelling-out.

C. After that, the Defendant changed the construction plan, etc. and approved the change of the project implementation plan from the Ansan market on January 15, 2016, and issued a public announcement of the application for parcelling-out on January 19, 2016 (the period of application for parcelling-out: January 20, 2016 to February 19, 2016; and the second sale publicly announced as above (hereinafter “second sale”), and sent the written guidance for application for parcelling-out to the above commercial building, an office where the Plaintiff operated a licensed real estate agent, but the Plaintiff did not apply for parcelling-out within the above period of application for parcelling-out.

The defendant is a management and disposition plan to classify the plaintiff as the subject of cash liquidation on the ground that the plaintiff did not apply for parcelling-out within the period of application for parcelling-out according to the notice of the second application for parcelling-out.

(B) On February 27, 2017, the management and disposal plan of this case was established and approved by the Ansan market, and the Anyang market was publicly announced. [The grounds for recognition] of absence of dispute, Gap evidence 1 through 7, and Eul evidence 2 through 9 (including additional numbers, the purport of the whole pleadings)

2. Whether the instant management and disposition plan is lawful

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