logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.08.22 2017누33048
관리처분계획취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a maintenance and improvement project association that implements a housing redevelopment project by designating the 74,474m2 in Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government (hereinafter “instant rearrangement zone”) as a rearrangement zone.

The Plaintiff is the owner of the real estate in the attached Table 1 list located in the improvement zone of this case (hereinafter referred to as “the instant tenement house”) and the member who filed an application for parcelling-out with 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.

In order to formulate a management and disposal plan, the Defendant requested D and E (hereinafter “E”) on March 3, 2014 to appraise the land and buildings in the instant improvement zone including the instant tenement house, and the two appraisal corporations collectively referred to as “each appraisal corporation in the instant case”).

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 “the result of association appraisal”) based on the average of the two appraisal values.

Before holding a general meeting for the formulation of a management and disposal plan, the Defendant notified the Plaintiff of the details of the previous and scheduled land or buildings to be sold and the timing for sharing the burden.

According to this, the appraisal result of the association with respect to the instant apartment house is 1,098,50,000 won as of December 19, 2013, when applying the proportional rate of 9.86% as of December 19, 2013, and 1,096,96,962,100 won. The price of the right is 9.96,962,100 won, and the price of the land to be sold and the building facilities according to the Plaintiff’s application for parcelling-out shall be 91,170,000,000 won based on the exclusive area of 87.1705,1705,000 square meters and

arrow