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(영문) 인천지방법원 2019.06.14 2018구합55825
관리처분계획무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant is a maintenance and improvement project association established with approval for the establishment of a partnership on November 23, 2010 by the head of Seo-gu Incheon Metropolitan City, in order to implement a housing reconstruction improvement project (hereinafter “instant rearrangement project”) for the Seo-gu Incheon Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City City (hereinafter “instant rearrangement zone”).

The Plaintiff is the Defendant’s member who owns land and its ground kindergarten building (hereinafter referred to as “instant kindergarten”) in Seo-gu Incheon Metropolitan City in the instant improvement zone.

B. After obtaining approval of a project implementation plan on June 19, 2013, the Defendant notified the Plaintiff et al. of the application for parcelling-out and announced it to the association members.

On September 30, 2013, the plaintiff filed an application for parcelling-out to the defendant, and the defendant prepared a management and disposal plan based on the status of the application for parcelling-out, and notified the plaintiff of the management and disposal plan plan to be sold on November 19, 2014.

On December 20, 2014, the Defendant held an extraordinary general meeting on December 20, 2014 and resolved on the above management and disposition plan, and the head of Seo-gu Incheon Metropolitan City approved it and announced it on the same day.

(E) The above management and disposal plan was not included in the specifications of the site or building scheduled for parcelling-out to the plaintiff, the estimated amount thereof, the price based on the date of the notification of the details of the kindergarten of this case and the authorization for the implementation of the project, the estimated amount of the rearrangement project, and the amount of the plaintiff's burden accordingly. However, according to the management and disposal plan notified to the plaintiff according to the plan notified to the plaintiff, the appraised amount of the plaintiff's previous asset was KRW 1,487,00,000, the appraised amount of the last asset was KRW 2,558,820,000, the appraised amount of the last asset was KRW 1,071,820,00

C. The Plaintiff asserts that the part concerning the kindergarten in the above management and disposition plan is illegal, and filed a lawsuit against the Defendant with the Incheon District Court 2015Guhap51396.

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