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(영문) 서울행정법원 2015.07.03 2014구합11731
관리처분계획취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and rearrangement project association established for the purpose of implementing the housing redevelopment and rearrangement project (hereinafter “instant project”) whose business area covers 31,99m2 in Dongjak-gu Seoul Metropolitan Government I and JJ. The Plaintiffs are the members of the Defendant.

B. The Defendant carried out the instant project as shown in Table 1, and the Plaintiffs applied for the sale of the instant apartment building constructed as the instant project in the course of the first application for parcelling-out (hereinafter referred to as “instant commercial building”), and the apartment constructed as the instant project was applied for.

The management and disposition plan of this case is approved on June 19, 2009, the first project implementation plan of April 5, 2009, which was approved on March 20, 2007, for the establishment of the association on March 20, 2007, as the first project implementation plan for the establishment of the association on April 5, 2009, for the first application for the unit sale of commercial buildings in this case, around August 22, 201, the first appraisal on July 22, 201, the first appraisal on July 22, 2011, and the change of design and size of the second project implementation plan on March 8, 2012, the second project implementation plan on May 16, 2013, the change of design and size of the second project implementation plan on July 18, 2013, which was amended on September 12, 2013.

C. In calculating the appraised value of the first management and disposal plan and the subordinate assets (a) of the instant management and disposal plan, the Defendant made a request for appraisal to the Pacific Appraisal Corporation (hereinafter “Pacific Appraisal”) and the Central Appraisal Corporation (hereinafter “Central Appraisal”) and determined the value of the intangible assets by taking an arithmetic mean of the appraised value according to the results of the appraisal (hereinafter “first appraisal”) in the order of time.

The contract area of the commercial building in this case for which the plaintiffs applied for parcelling-out (=the unit area of the public parking lot for exclusive use) is as follows:

An applicant for parcelling-out.

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