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(영문) 서울고등법원 2016.07.19 2016누34242
토지수용재결무효확인 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On June 25, 2004, the Seoul Special Metropolitan City Mayor publicly announced the establishment of the defendant association and the implementation of the housing redevelopment improvement project (1) as the planned urban residential environment improvement plan, and publicly announced the Mapo-gu Seoul Metropolitan Government R R as the planned urban redevelopment project improvement plan. The F Housing Redevelopment and Improvement Project Promotion Committee (hereinafter “instant promotion committee”) which is the telegraph of the defendant association, obtained the approval from the head of the Gu on March 25, 2005 with the consent of the owners of the land in the above planned urban improvement district.

(2) On June 26, 2008, the Mayor of Mapo-gu Seoul Metropolitan Government (hereinafter “instant improvement zone”) designated and publicly announced the Seoul Mapo-gu Seoul Metropolitan Government G G G 30,946.7 square meters (hereinafter “instant improvement zone”) as the F Housing Redevelopment Improvement Zone on the basis of the maintenance master plan formulated as publicly announced by S.

(3) The instant promotion committee submitted a written consent from 336 owners of land, etc. in the instant improvement zone, among 429 owners of land, etc., to establish the redevelopment project (hereinafter “written consent”). At the same time, the said written consent was an official letter stating “amount of the estimated cost for demolition of buildings and construction of new structures.”

(4) On August 11, 2008, the instant promotion committee sent meeting data to the owners of land, etc. in the instant improvement zone along with a notice for convening an inaugural general meeting of the association. Of the above conference data, the written consent attached to the “case of the resolution of the project implementation plan” as referred to in subparagraph 6 included a summary of the “amount of the cost of removal of buildings and construction” (the removal cost of KRW 984,00,000, the cost of new construction cost of KRW 75,760,000, and other project cost of KRW 7,674,00,000, the sum of KRW 84,418,000,000, and KRW 84,418,000,000). The above agenda was resolved with the consent of 308 members of the association at the inaugural general meeting held on August 19, 208.

(5) The instant promotion committee was adopted at the inaugural general meeting of the partnership, and supplement the official disturbance of the “amount estimated to remove or newly construct structures” in Chapter 336 of the said written consent, which was already submitted in accordance with the said item of subparagraph 6.

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