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(영문) 광주고등법원 2020.01.23 2018누6446
관리처분계획처분취소등
Text

1. Of the judgment of the first instance, the part of the judgment against the plaintiffs other than plaintiffs AV, AW, AX, AY, Z and BA shall be revoked.

2...

Reasons

1. Details of the disposition;

A. Gwangju Metropolitan City, a public announcement of Gwangju Metropolitan City on July 18, 2007, changed the size of a rearrangement zone after 127,230.53 square meters in Gwangju Dong-gu E-gu, Gwangju Metropolitan City on May 4, 2018, at the time of resolution of a management and disposal plan on May 4, 2018, the size of the rearrangement zone is 126,43.60 square meters. B was designated as a rearrangement zone for redevelopment project.

In addition, the defendant obtained authorization from the head of the Dong-gu Gwangju Metropolitan City to establish the above redevelopment project on August 29, 2007, and obtained authorization to implement the project on February 20, 2017.

On the other hand, Plaintiff F, G, H, I, and J have owned a number of real estate located in the above rearrangement zone before the authorization was granted for the establishment of the association, and the plaintiffs directly applied for parcelling-out within the above rearrangement zone.

excluding B, a number of real estate in the above rearrangement zone, which was originally owned by the first one from 2015 to 2017, after the establishment of the above association, is transferred to the person.

Specific status of the plaintiffs' ownership of real estate or details of changes in ownership are as shown in attached Table 2.

B. The Defendant received an application for parcelling-out from March 22, 2017 to May 30, 2017, and the Plaintiffs directly filed an application for parcelling-out within the aforementioned period or the pre-owner of the Plaintiffs filed an application for parcelling-out, and the Plaintiffs to whom the real estate was transferred after the period for applying for parcelling-out was notified to the Defendant.

C. On May 4, 2018, the Defendant, like the Plaintiffs, has transferred a large number of real estate owned by the first one and became a large number of people, passed a resolution on a management and disposition plan recognizing only one right to sell the same real estate owners as the first one had a large number of real estate (hereinafter “instant management and disposition plan”), and the head of Gwangju Metropolitan City Dong-gu on July 27, 2018.

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