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(영문) 의정부지방법원 2019.01.17 2017구합13795
수용재결취소등
Text

1. All claims by the plaintiffs and the plaintiffs (appointed parties) against the primary defendant are dismissed.

2. Preliminary defendant.

Reasons

1. Basic facts

A. 1) On August 10, 2007, the Defendant Cooperative is a housing redevelopment and rearrangement project partnership which obtained authorization to establish a housing redevelopment and rearrangement project with a housing redevelopment project district of 31,650 square meters in Guri-si in order to implement a housing redevelopment and rearrangement project with a housing redevelopment and rearrangement project district of 31,650 square meters in Guri-si, and the Plaintiff A, B, C, and G had owned land and buildings within the instant project zone. 2) On February 11, 2008, the Defendant Cooperative obtained authorization for a project implementation plan (hereinafter referred to as the “project implementation plan”) with the number of households of 488 households (the underground second floor, the ground second floor, the 15-22 stories), the total floor area, the building-to-land ratio of 16.06 square meters, the floor area ratio of 225.90 percent in total project cost, 127,820,000,000 won, etc.

3) After that, the Defendant Cooperative held a general meeting on April 7, 2010, with the consent of 195 members among 300 members at the time, the number of households is 512 households (the underground second floor and the ground 15-2 floor), the total floor area is 76,193.381 square meters, the building-to-land ratio is 15.30%, the building-to-land ratio is 229.52%, the total floor area ratio is 101,574,000,000 won (hereinafter “the second project implementation plan”).

The decision was made and the old Ri Mayor approved on May 31, 2010. 4) Accordingly, the Defendant Mutual Association determined “from June 24, 2010 to September 1, 2010” as the period for application for parcelling-out and received the application for parcelling-out from the members (it shall give an opportunity to apply for parcelling-out to 12 persons who did not apply for parcelling-out according to authorization of the implementation plan for the first project). The 70 persons, including the Plaintiff A, B, C, and G, including the Plaintiff and the Defendant Mutual Association, did not apply for parcelling-out during the above period of application for parcelling-out.

5) On November 21, 2013, the Defendant Cooperative held a general meeting on November 21, 2013, with the consent of 211 among the 235 members at the time (except for those who did not apply for parcelling-out according to the authorization of the implementation plan for the second project), the area of the project implementation district is 33,739 square meters, the number of households is 633 households (7 Dong-dong 2, 19-25 square meters, the total floor area is 87,768.06 square meters, the building-to-land ratio is 17.97%, the building-to-land ratio is 235.82%.

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