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(영문) 수원지방법원 2018.12.19 2018구합69340
관리처분계획 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. During Ansan-si, the Defendant is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant project”) on the scale of 133,418,30 square meters of the Gu P, and the Plaintiffs owned the land and obstacles located within the instant project area.

B. On September 22, 2015, the Defendant issued an authorization to implement the instant project from the Ansan market and publicly notified the application for parcelling-out on October 6, 2015, and received the application for parcelling-out from the members from October 6, 2015 to November 20, 2015 (the initial application period for parcelling-out was from October 6, 2015 to November 10, 2015), but the Defendant received the application for parcelling-out from the members for parcelling-out within the said period (the Defendant received the application for parcelling-out by November 20, 2015 by extending the period once by November 20, 2015), and the Plaintiffs did not apply for parcelling-out within the said period.

C. On November 2016, based on the result of the application for parcelling-out, the Defendant: (a) held a general meeting on the basis of the result of the application for parcelling-out and passed a resolution on a management and disposal plan including the contents of classifying the Plaintiffs as cash clearing; (b) on November 24, 2016

(hereinafter referred to as the above "management and disposition plan of this case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 3 (including the number of pages) and the purport of the whole pleadings.

2. The gist of the plaintiffs' assertion is to conduct an appraisal of each land, etc. owned by the plaintiffs to be expropriated due to the implementation of the project in this case, the defendant selected transaction cases after September 22, 2015, which is the legal fiction date of the public announcement of the project in this case, as comparative examples, and refer to the transaction cases of land in which development gains from the project in this case are deemed reflected.

The above appraisal results are significantly damaged the objectivity, which can be seen as a defect in the management and disposal plan of this case, and the defect is serious and clear, so the management and disposal plan of this case is null and void.

3. The defendant.

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