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(영문) 서울행정법원 2016.09.30 2015구합73033
관리처분계획취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is an association that implements a housing redevelopment improvement project by setting up the Dong-gu Seoul Metropolitan Government Seoul Metropolitan Government 71,961㎡ (hereinafter “instant rearrangement zone”) as an improvement zone.

The Plaintiffs are the owners of the land indicated in the attached Form “real estate owned by the Plaintiffs” located in the instant rearrangement zone and the building on its ground, and the members applying for parcelling-out to the Defendant.

B. On December 19, 2013, the head of Dongjak-gu Seoul Metropolitan Government (hereinafter “the head of Dongjak-gu”) publicly announced the authorization to implement the project for the Defendant.

On March 2014, in order to formulate a management and disposal plan, the Defendant requested the Korea Appraisal Board and the Korea Onnuri Appraisal Board (hereinafter referred to as the “Korea Appraisal Board”) to conduct an appraisal of the land and buildings in the improvement zone of this case including the real estate owned by the Plaintiffs, including the real estate owned by the Plaintiffs.

C. On September 2014, the Defendant submitted an appraisal report on December 19, 2013, which is the date of announcement of authorization for project implementation, to evaluate the value of land and buildings in the instant improvement zone as of the base point of time as of December 19, 2013, and formulated a management and disposal plan (hereinafter “instant appraisal report”) based on the previous asset appraisal value obtained by averaging the two appraisal values.

On December 29, 2014, the Defendant passed a resolution on a management and disposition plan at the general meeting held by the Defendant.

(2) On June 5, 2015, the head of Dongjak-gu approved the instant management and disposition plan on June 11, 2015, and publicly announced the authorization of the instant management and disposition plan on June 11, 2015.

(2) Of the management and disposition plan of this case, the part concerning the appraisal value of the previous assets on the land and buildings owned by the plaintiffs (hereinafter referred to as "this part of the management and disposition plan") / [based on recognition] / there is no dispute, Gap evidence 1 through 3, Eul evidence 1 (including the number of pages; hereinafter the same shall apply), and

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