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(영문) 수원지방법원 2018.07.03 2017구합66269
관리처분계획취소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant Union is a housing reconstruction project partnership that implements a housing reconstruction project that removes 1,062 existing apartment units on the ground of 114,500 square meters of land outside Dong-si, Incheon Metropolitan City, and newly constructs 1,571 households of apartment units (hereinafter “instant project”). The Plaintiffs are the owners of housing incorporated into the instant project and are the members of the Defendant Union.

B. On June 17, 2015, the Defendant Association obtained approval of a project implementation plan from the Defendant Acheon Market, conducted an appraisal of the previous assets, and received applications for parcelling-out from the members, and prepared a management and disposal plan proposal based on this.

(hereinafter referred to as “instant appraisal”). (C)

On January 10, 2016, the Defendant Cooperative held a general meeting and passed a resolution to approve the above management and disposal plan, and Defendant Acheon City approved the above management and disposal plan on March 22, 2016 and announced it around that time.

Since then, the above management and disposition plan was revised and approved by the general meeting held on December 21, 2016, and the defendant Jungcheon City approved the revised management and disposition plan (hereinafter “instant management and disposition plan”) on April 4, 2017 (hereinafter “instant authorization disposition”), and publicly notified it around that time.

On the other hand, the housing subject to the instant project (hereinafter “each of the instant housing”) is a multi-family housing, such as an apartment house, a tenement house, a solar village house, etc., located on the ground of each land, etc. listed in the attached Table 1 list, and is divided into blocks as shown in attached Table 2.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. Determination on the legitimacy of the instant management and disposition plan (the Defendant’s association’s claim)

A. The plaintiffs' appraisal of this case is various types of appraisal, such as apartment, tenement house, and solar house in the project district of this case, in evaluating the price of the previous assets.

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