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(영문) 수원지방법원 2020.05.28 2019구합71586
관리처분계획취소 등
Text

1. The Plaintiff’s collective housing among the management and disposal plans approved by the Suwon Market on August 20, 2019.

Reasons

1. Details of the disposition;

A. In order to implement a housing redevelopment improvement project with approximately 126,830 square meters of land in Suwon-si, Suwon-si as an improvement zone (hereinafter “instant project”), the Defendant is a maintenance and improvement project association which obtained authorization to establish an association from the Suwon-si mayor on August 25, 2009 and completed the registration of incorporation on September 17, 2009.

B. The Defendant determined the period for application for parcelling-out from February 1, 2017 to March 7, 2017, and received the application for parcelling-out from its members, and the Plaintiff applied for parcelling-out as the owner of the second floor of the D ground aggregate building in Suwon-si, Suwon-si, an area within the instant project zone.

C. The Defendant established a management and disposal plan containing the Plaintiff’s subject to parcelling-out, and applied for the management and disposal plan to the head of Suwon City Mayor.

However, on June 8, 2018, at the time the Plaintiff’s mother, who is the land owner in the instant project zone, belongs to the same household as F and accordingly, pursuant to Article 39(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), approved the management and disposal plan that designates the Plaintiff as the object of cash settlement, excluding the Plaintiff from the object of sale, and announced it around that time.

Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the part of the management and disposition plan authorized as the object of cash settlement (U.S. District Court 2018Guhap68279). At the request of both parties, the said court rendered a decision of recommending adjustment (hereinafter “decision of recommending adjustment of this case”) to the effect that the Defendant supplies the Plaintiff with reserved land in accordance with the instant project, as follows, on November 29, 2018.

After that, the Plaintiff withdrawn the above lawsuit on September 26, 2019.

Recommendations for Mediation

1. The defendant shall supply the plaintiff with one multi-family housing constructed by the implementation of the project in this case (the withheld land).

2. The defendant supplied the plaintiff with multi-family housing (the withheld land).

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