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(영문) 서울행정법원 2019.10.22 2018구합58264
관리처분계획일부취소
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 that obtained authorization for the establishment to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) whose business area covers Seongdong-gu Seoul Metropolitan Government C (hereinafter “instant business area”). The Plaintiff is the owner of Seongdong-gu Seoul Metropolitan Government (hereinafter “instant land”) land and above-ground housing (hereinafter “instant housing”) within the instant business area, and is the Defendant’s association member.

B. On January 12, 2017, the Defendant obtained authorization of a project implementation plan for the instant project from the head of Seongdong-gu Seoul Metropolitan Government public notice of Seongdong-gu Seoul Metropolitan Government.

C. In order to formulate a management and disposal plan, the Defendant requested F and G to appraise the value of the previous assets of the instant real estate, which is an appraisal business entity, and each of the above appraisal business entities assessed the price of the instant real estate as follows (hereinafter “instant appraisal”).

The sum total of KRW 7,102,00 in total of KRW 77,102,00 in the housing of KRW 199.59.590 square meters in the housing of KRW 118.400 square meters in the land of this case owned by the appraisal business entity - the sum total of KRW 3,830,000 in the G land of KRW 118.400 square meters in the G land of KRW 118.400,00 in the land of this case owned by the appraisal business entity - KRW 453,472,00 in the aggregate of KRW 76,245,310 in the housing of KRW 19.59.590 square meters in the housing of KRW 529,717,310 in the aggregate,

D. The Defendant: (a) deemed the price of the previous assets of the instant real estate as KRW 532,513,655, which is the arithmetic mean of the above appraised amount (i.e., KRW 455,840,670,00 of the instant land; and (b) formulated a management and disposal plan that includes the content of calculating the Plaintiff’s rights as KRW 535,868,491, by applying the proportional ratio thereto; (c) decided on December 26, 2017 at the special meeting; and (d) obtained authorization of the management and disposal plan as H publicly notified by the head of Seongdong-gu Seoul Metropolitan Government on July 6, 2018 from the head of Seongdong-gu Seoul Metropolitan Government.

As above, the management and disposition plan authorized.

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