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(영문) 서울행정법원 2018.04.19 2017구합50515
관리처분계획취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a cooperative that implements a housing redevelopment project in Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City 66,084.90 square meters (hereinafter “instant rearrangement zone”). The Plaintiff is the Defendant’s member, and the Plaintiff owns the “instant No. 1 prize” and “instant No. 2 prize” according to the sequence in the attached list located in the rearrangement zone. In common name, the Plaintiff owns each of the instant rearrangement zones.

B. On November 14, 2016, the Defendant obtained the authorization of the management and disposal plan from the head of Nowon-gu in Seoul Special Metropolitan City (hereinafter “instant management and disposal plan”). The former asset price, which forms the basis of the instant management and disposal plan, was calculated based on the appraisal result of the Flad Appraisal Co., Ltd. and the future new appraisal corporation (hereinafter “stock company”) and each of the above appraisal corporations (hereinafter “each of the appraisal corporations in this case”). The former asset price of each of the instant divisions calculated is as listed below.

(2) Each appraisal corporation’s appraisal corporation’s appraisal of each of the instant dispositions of this case shall be deemed as “evaluation of each of the instant previous assets.” The part of the value of each of the instant dispositions of this case, for which the Plaintiff seeks revocation, among the management and disposition plans of this case, shall be deemed as “evaluation of each of the instant previous assets.” The purport of each of the dispositions of this case, is to state as follows: (a) the value of the previous assets of the previous appraisal corporation, which was new for the appraisal and disposition corporation of the previous assets of this case, as the value of the previous assets of this case, KRW 71,100,600,000 for KRW 68,850,000 for KRW 175,40,800 for KRW 158,80,000 for KRW 167,100 for KRW 167,00 for each of the instant dispositions of this case.

2. The assertion and judgment

A. Each appraisal corporation of this case alleged by the Plaintiff has remarkably lowered the appraisal of each of the previous assets of this case as follows. As a result, the issue of the management and disposal plan is an unlawful act that loses equity among the partners.

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