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(영문) 수원지방법원 2018.12.13 2018구합68071
관리처분계획취소
Text

1. The Plaintiffs are subject to cash settlement among the management and disposal plans authorized by the Suwon Market on June 8, 2018.

Reasons

1. Details of the disposition;

A. In order to implement a housing redevelopment improvement project (hereinafter “instant project”) with approximately 126,830 square meters of land in Suwon-si, Suwon-si, the Defendant obtained authorization to establish an association from the Suwon City on August 25, 2009, and completed the registration of incorporation on September 17, 2009.

B. On January 25, 2017, the Defendant determined the period for application for parcelling-out as from February 1, 2017 to March 7, 2017, and received the application for parcelling-out from its members. Under the premise that the Plaintiffs are owners of each unauthorized building on each of the land above the land located within the instant project zone (hereinafter collectively referred to as “each of the instant buildings”), the Plaintiffs filed the application for parcelling-out within the said period.

Plaintiff

A J B K C D D M N FOG P at the location of an unauthorized building

C. On December 28, 2017, the Defendant: (a) formulated a management and disposal plan that includes all the Plaintiffs as eligible for parcelling-out through the resolution of the general meeting; and (b) applied for the authorization of the management and disposal plan to the head of Suwon City

However, on June 8, 2018, on the ground that there is no unauthorized Building Ledger, unauthorized Building Confirmation won, etc. for each of the instant buildings, the Suwon City approved the management and disposal plan that excludes the Plaintiffs from the persons subject to sale, and announced it to Q Q publicly announced at Suwon-si on the same day.

(hereinafter) Of the above authorized management and disposition plan, the part which determined the plaintiffs as the object of cash settlement is referred to as the "disposition of this case"). / [Grounds for recognition] without dispute, each entry in Gap evidence 1, 9, and 10, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiffs asserted that they are members of each building of this case, which is an unauthorized building in the rearrangement zone of this case, who are members of the association. The disposition of this case is to be revoked because they are excluded from the persons eligible for parcelling-out.

B. The defendant's articles of association (hereinafter "the defendant's articles of association) is the case.

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