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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 18, 2008, the Defendant is the Housing Redevelopment and Improvement Project Association which was authorized by the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “head of Yeongdeungpo-gu”) on September 18, 2008 for the purpose of implementing the Housing Redevelopment and Improvement Project (hereinafter “instant project”), and the Plaintiff is the owner of the land, etc. within the said Improvement Project Zone, and the Defendant’s director.
B. 1) The Defendant established a project implementation plan and obtained approval from the head of Yeongdeungpo-gu Office on December 31, 2009, and the head of Yeongdeungpo-gu publicly announced the project implementation plan on January 7, 2010 (hereinafter “the first project implementation plan”).
(2) The Defendant, from March 5, 2010 to April 5, 2010, received applications for parcelling-out from its members, and established a management and disposal plan based on the application for parcelling-out from its members, and obtained approval from the head of Yeongdeungpo-gu on April 29, 201, and thereafter, the Defendant changed the initial project implementation plan and applied for the change of the project implementation plan from the head of Yeongdeungpo-gu on December 17, 2013 (hereinafter referred to as the “instant project implementation plan”), and filed an application for the change of the square plan from January 2, 2014 to February 5, 2014, and then applied for approval from the head of Yeongdeungpo-gu Office.
3) On October 14, 2014, the head of Yeongdeungpo-gu requested the Defendant to supplement the application by October 17, 2014 on the ground of the difference between the average price of the commercial buildings and the appraised value of the commercial buildings, and the decrease in the estimated rate of expenses calculated based on the compensation for religious facilities, and the decrease in the estimated expenses calculated based on the compensation for religious facilities, and ③ the application for the application for approval of the existing application for parcelling-out and the alteration of the management and disposal plan, and submit relevant documents to the Defendant (hereinafter
On October 14, 2014, the defendant held a board of directors on October 14, 2014 and reflected the contents of the above supplementary notice in the amendment of the management disposition plan.