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(영문) 서울행정법원 2017.01.26 2015구합58423
관리처분계획취소
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 an association that implements a housing redevelopment project in Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government 89,853.40 square meters (hereinafter “instant rearrangement zone”). The Plaintiff is the owner of the land, etc. and the members of the Defendant, who owns the Seongbuk-gu Seoul Metropolitan Government Do 363 square meters and its ground buildings located within the instant rearrangement zone (hereinafter “instant land and buildings”).

B. On December 22, 2014, the Defendant obtained authorization of the management and disposal plan from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant management and disposal plan”). The former asset price, which forms the basis of the instant management and disposal plan, is calculated based on the appraisal result of the national appraisal corporation and the appraisal corporation of the corporation (hereinafter “stock company”).

C. The Plaintiff’s previous asset price so calculated is as listed in the following table:

The Defendant calculated the previous asset value on the premise that the instant land falls under “the de facto private road site”.

(Unit: 1,245,265,00 10,450,000 1,346,715,000 for the instant land / [Grounds for Recognition] A; Party A’s evidence 1-2, Party A’s evidence 4-1, 2, Party A’s evidence 4-2, Party A’s evidence 5, Party B’s evidence 6-1 through 5; the purport of the entire pleadings;

2. Whether the management and disposal plan of this case is legitimate

A. The appraisal by the appraisal corporation and the foreign appraisal corporation, which are the basis of the instant management and disposal plan of the Plaintiff’s assertion (hereinafter “instant appraisal and assessment”), has various defects contrary to the appraisal and assessment rules, etc. due to such defects, the value of the land and buildings in the instant rearrangement zone, including the instant land and buildings, was remarkably low, and the error was found in calculating the proportional ratio.

Therefore, the consent of the members of the management and disposal plan of this case cannot be deemed to be based on the genuine intent.

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