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(영문) 서울고등법원 2016.02.02 2015누60084
관리처분계획 취소 청구의 소
Text

1. The defendant's appeal and the plaintiffs' incidental appeal are all dismissed.

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

Reasons

1. The details of formulating the management and disposal plan of this case;

A. The apartment complex A1 and the second apartment complex on the land outside Songpa-gu Seoul Metropolitan Government (hereinafter “instant apartment complex”) consists of 134 apartment buildings, 6,600 apartment buildings, and 324 commercial buildings (hereinafter “instant commercial buildings”). The Defendant Mutual Association is a reconstruction association established on June 12, 2003 for the reconstruction of the instant apartment complex (hereinafter “instant reconstruction project”).

B. Of the members of the Defendant Union, the sectional owners of the instant commercial building, including the Plaintiffs, established a A Apartment Housing Reconstruction and Improvement Project Association Council (hereinafter referred to as the “Standing Council”) in order to promote the reconstruction of the instant commercial building in accordance with the so-called independent settlement system, and Plaintiff B is the president, Plaintiff C, and D of the Commercial Building Council.

2. Resolution on reconstruction and consent to implement a project;

(c) Matters concerning the removal of buildings and the apportionment of the cost; 2) the method of filing a flat application and allocation for the owner of an existing apartment (building) - the method of setting the sale price of a newly constructed apartment (building price) in comparison with the appraisal price for an existing apartment (building price) in comparison with the appraisal price for the existing apartment (building price), the method of setting the sale price of the newly constructed apartment (building price) in the order of the share of rights taking into account the reputation of the apartment (building price), building, location, number of floors, etc. of the apartment (building price) owned by the association members; 3) the sale price of the newly constructed apartment (building price) shall be determined by the construction cost and the utility index by floor, etc. - the appraisal price of the existing apartment (building price) shall be determined by calculating the arithmetic average of the appraisal price of the two appraisal agencies - the calculation of the appraisal price of the newly constructed apartment (building price) to be sold to the

- The appraised value of the land and buildings previously owned by a partner shall include the appraised value assessed by two certified appraisal bodies.

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