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(영문) 서울행정법원 2014.08.07 2013구합30568
관리처분계획인가처분취소
Text

1. All of the claims filed against the head of Seocho-gu Seoul Metropolitan Government among the instant lawsuit shall be dismissed.

2...

Reasons

1. Details of the disposition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Defendant Cooperative”), Defendant P Apartment Rebuilding Project Association (hereinafter “Defendant Cooperative”) is a reconstruction association established for the purpose of rebuilding (hereinafter “instant reconstruction”) of the P apartment complex (hereinafter “instant apartment”) outside Seocho-gu Seoul Q and one parcel of land under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). Defendant Cooperative obtained authorization for establishment from the head of Seocho-gu Seoul Metropolitan Government (hereinafter “head of Seocho-gu”).

B. The plaintiffs are some of the co-owners of the shopping mall located in the above P apartment complex (hereinafter referred to as "the shopping mall of this case") who agreed to the establishment of the defendant's association.

C. On September 10, 2013, the Defendant Union held an extraordinary general meeting of its members (hereinafter “instant extraordinary meeting”) and resolved to propose and “approval of the management and disposition plan” as an item No. 6 of the extraordinary general meeting. Article 7 of the management and disposition plan approved at the instant extraordinary meeting (hereinafter “instant management and disposition plan”) provides for “the price of the previous land and buildings for each subject of sale.”

Examining the price statistics of the previous assets by the person subject to sale as stipulated in the instant management and disposal plan, the following [Attachment 1 and 2]. In calculating such appraised values, the Defendant Mutual Association made a request for appraisal to the Japanese Appraisal Board Co., Ltd. (hereinafter “Japanese Appraisal”) and one Appraisal Board Co., Ltd. (hereinafter “One Appraisal”), and calculated the value of the previous assets based on the classification of the apartment of this case and the price of the previous assets according to the classification of the instant apartment of this case, by combining the appraisal results (hereinafter “Japanese Appraisal”) and the appraisal results (hereinafter “One Appraisal”).

Table 1, the apartment of this case.

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