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(영문) 의정부지방법원 2016.10.13 2015구합10198
관리처분계획무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The defendant, as the party concerned, completed the registration of incorporation on July 14, 2003 as a housing reconstruction project association established to implement the housing reconstruction project into the project implementation district of D in Yangyang-si, Namyang-si (hereinafter “instant reconstruction project”).

Plaintiff

A is a person who owns each real estate listed in the separate sheet No. 1 in the instant reconstruction project zone, and Plaintiff B is a person who owns each real estate listed in the separate sheet No. 2 in the instant reconstruction project zone.

(hereinafter referred to as "each of the instant lands" in attached Tables 1 and 2 B.

On March 21, 2007, the defendant, such as evaluation of previous assets, obtained authorization for the implementation of the reconstruction project of this case from the Namyang-ju market, and requested the defendant's members to evaluate the previous asset price of the defendant's members to the Japanese certified public appraisal corporation and one global appraisal corporation.

As a result of an arithmetic mean of the appraisal values of the above appraisal corporations, each real estate listed in the separate sheet No. A owned by the Plaintiff was assessed as KRW 3,682,393,450; and each real estate listed in the separate sheet No. B owned by the Plaintiff was assessed as KRW 742,625,000 (hereinafter “instant appraisal”).

On July 26, 2007, the defendant set the period of parcelling-out from July 31, 2007 to August 30, 2007, and announced and notified the application for parcelling-out, and on August 29, 2007, extended the period of application for parcelling-out to September 9, 2007.

On August 27, 2007, the plaintiffs filed an application for parcelling-out with the defendant based on the appraisal results of this case.

C. On November 23, 2007, the Defendant held an extraordinary general meeting on November 23, 2007, stating that “60,784 square meters of project implementation area, 45,962 square meters of housing for sale, 188,907,306,723 won of the assessed value of the previous land and buildings, and 161,808,627,63 won of the previous land and buildings for calculating the estimated rate of expenses, and 261,131,171,40 won of the total project cost, and 418,085,190,000 won of the total revenue of sale, and 97% of the estimated rate of expenses.”

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