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(영문) 서울행정법원 2016.09.23 2015구합53930
관리처분계획취소
Text

1. On January 27, 2015, the Defendant stated in the Plaintiff’s written application for modification of the purport and cause of the claim as of February 27, 2015.

Reasons

1. Details of the disposition;

A. The Defendant is a maintenance and improvement project association that implements a housing reconstruction project (hereinafter “instant housing reconstruction project”) with a size of 479 large scale 405,782.40 square meters in Songpa-dong, Songpa-gu, Seoul (hereinafter “the instant housing reconstruction project”). The Defendant obtained authorization for the establishment of the association on June 12, 2003 from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “head of Songpa-gu”), the authorization for the project implementation plan on April 7, 2008, and the authorization for the change of the project implementation plan on January 2, 2014, respectively. The Plaintiff is the Defendant’s member who owns the instant housing reconstruction project with a size of 479, 479-1 large scale 105, 436.1 square meters in Songpa-dong, Songpa-gu, Seoul Metropolitan Government (hereinafter “instant area”).

B. On June 25, 2014, in order to establish a management and disposal plan, the Defendant: (a) requested each appraisal of land and buildings within the instant project rearrangement zone (hereinafter “the instant appraisal and disposal plan”); (b) the appraisal and disposal plan formulated on the basis of the previous appraisal and disposal plan formulated on the basis of the arithmetic average of the values of the two appraisal and assessment at an ordinary general meeting held on December 9, 2014 (hereinafter “Japan”) and the previous appraisal and disposal plan formulated on the basis of the amount of appraisal and assessment of the two appraisal and assessment (hereinafter “the instant management and disposal plan”); and (c) the head of Songpa-gu determined on January 27, 2015 that the previous appraisal and disposal plan formulated on the basis of the size of land and buildings within the instant project rearrangement zone (hereinafter “each of the instant appraisal and appraisal corporations”); and (d) the size of the land under the management and disposal plan formulated on the basis of the size of the previous appraisal and disposal plan (hereinafter “the instant appraisal and disposal plan”). (e.g., the Defendant’s land size 20134.

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