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(영문) 대구지방법원 2019.06.27 2018구합21639
정비구역 변경지정 및 정비계획 변경결정처분 취소 등 청구의 소
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1. All lawsuits filed by the plaintiffs against Defendant A Housing Reconstruction and Improvement Project Association, and the head of Si/Gun/Gu in Daegu Metropolitan City.

Reasons

1. Details of the disposition;

A. The parties to the case 1) The Defendant Association is an apartment building A located in Daegu Suwon-gu B (hereinafter referred to as the “instant apartment building”).

(1) A housing reconstruction project for the housing reconstruction project (hereinafter referred to as “instant project”);

To promote the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”).

(2) On July 12, 2016, the Plaintiff C is a cooperative established with the authorization of establishment from the head of the Si/Gun/Gu on July 12, 2016. The Plaintiff C is operating in the E apartment commercial building located in Daegu Suwon-gu D. The Plaintiff F is operating a kindergarten in the same Gu G, and the rest of the Plaintiffs except Plaintiff C and F is the occupants of the above E apartment.

B. On November 28, 2013, the Defendant’s head of the Gu announced the announcement of precise safety diagnosis service to determine the reconstruction of the instant apartment, and the Defendant’s bid price at H Co., Ltd. (hereinafter “H”) in the said bidding.

2) From January 2, 2014 to April 1, 2014, H conducted a safety inspection on the instant apartment from January 2, 2014 to April 1, 2014. As a result, H determined that the instant apartment is a “conditional reconstruction” with a comprehensive point of 46.02, such as “(i) structural safety: 31.50 (D), ② the evaluation of the building finishing and facility aging: 49.64 (D class), ③ the evaluation of residential environment: 33.50 (D class), and ④ the cost analysis: 90 (B class).

3) On July 30, 2014, the Preparation Committee for Reconstruction of the instant apartment complex requested the head of the Defendant to formulate a rearrangement plan and formulate a rearrangement zone designation for the instant apartment project. 4) The Defendant head of the Gu formulated a rearrangement plan for the designation of the housing reconstruction improvement zone for the instant apartment on October 30, 2014 through the supplement procedure based on the result of the said determination, and publicly announced the public perusal of the said improvement plan to hear the opinions of residents.

C. The defendant head of the Gu/Si/Gun shall hold a briefing session for residents on November 26, 2014 and the Gu Council on February 12, 2015.

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