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(영문) 인천지방법원 2018.09.06 2018구합50448
관리처분계획일부취소
Text

1. The Plaintiff among the management and disposal plans authorized by the head of Michuhol-gu Incheon Metropolitan City on November 13, 2017.

Reasons

1. Basic facts

A. On September 1, 2008, in order to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) with the area of project implementation (hereinafter “instant improvement project”) of which the 96,034.90 square meters in Michuhol-gu Incheon Metropolitan City, the Defendant was granted authorization from the head of Michuhol-gu Incheon Metropolitan City and publicly notified the authorization for the implementation of the instant improvement project from the head of Michuhol-gu Incheon Metropolitan City on January 8, 2010.

The Plaintiff purchased from D on May 22, 1999 the Michuhol-gu Incheon E-gu 126 square meters (hereinafter “instant land”) located in the instant improvement zone and completed the registration of ownership transfer on December 19, 201.

B. From April 17, 2017 to May 17, 2017, the Defendant issued a notice to the owners of land, etc., such as the Plaintiff, etc. regarding the period for application for parcelling-out of the instant rearrangement project, such as evaluation of previous asset prices and approval of a management and disposal plan, and the Plaintiff filed an application

In order to formulate a management and disposal plan, the Defendant requested an appraisal corporation and a dialogue appraisal corporation (hereinafter referred to as “appraisal”) to conduct an appraisal on the price of previous assets, such as the instant land, based on January 8, 2010, which is the date of authorization for project implementation, and requested an appraisal on the premise that the present condition of the instant land is a road site, and accordingly, the appraisal business entity assessed the price of the instant land as indicated below.

(1) Of the instant land, the current status of the instant land among the instant land is assessed as 1/3 of the price of the remaining part, which is the site, on the premise that it constitutes a site for a private road. It is assessed as 669,266,000 won (1,201,000 won or 103,026,000 won (1,201,000 square meters) of the site for the land of the land of the appraisal corporation, which is the aggregate of the appraised value of the area of the public land of the appraisal business entity. The land of this case is 60

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