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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The defendant is the housing redevelopment and rearrangement project partnership whose approval was issued by the head of Songpa-gu Seoul Metropolitan Government on February 6, 2009, and the plaintiff is the owner of a religious site within the business zone (hereinafter "the religious site of this case"), who has filed an application for parcelling-out with the defendant.
On March 9, 2015, based on the average appraisal value of two appraisal corporations, the Defendant: (a) held a general meeting of partners to formulate and resolve a management and disposal plan; and (b) obtained authorization from the head of Songpa-gu Seoul Metropolitan Government (hereinafter “instant management and disposal plan”) on April 27, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the management and disposal plan of this case is legitimate
A. The Plaintiff’s assertion prepared a plan to dispose of religious facilities, such as new town districts, which became the basis for compensation to religious facilities in the area where redevelopment, etc. is conducted, and has external binding force.
The Defendant obtained the instant management and disposition plan without preparing the Plaintiff’s compensation proposal in accordance with the above management and disposition guidelines, which violates the principle of self-defense, equality, and trust protection, and thus, the instant management and disposition plan is unlawful.
In addition, the appraisal of the residual assets against the plaintiff was set at an unreasonably high level without presenting any grounds, and it violated the plaintiff's property right by setting excessively the settlement money to be borne by the plaintiff in the future.
B. 1) The Seoul Special Metropolitan City Ordinance on the Disposal of Religious Facilities, such as New Towns, has many cases where there are no relocation measures against existing religious facilities at the time of formulating the urban renewal acceleration plan in September 2009, and the promotion project is delayed due to the conflict between religious organizations and partnership, and thus, a plan to dispose of religious facilities, such as new town districts (hereinafter “the instant plan”) is to set the relevant standards.