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(영문) 부산지방법원 2021.01.14 2019구합24917
관리처분계획무효 확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant was established for the purpose of implementing a housing redevelopment and improvement project in Nam-gu, Busan Metropolitan City (hereinafter “instant project zone”) and was authorized by the head of Nam-gu Busan Metropolitan City on October 12, 2007 by the Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Union”). The Plaintiff is a member of the Defendant Union, who owns each real estate indicated in the column for “real estate indication” in the attached list of real estate in the instant project zone (hereinafter “instant real estate”).

B. In order to establish a management and disposal plan, the Defendant Mutual Aid Association requested the Dispute Resolution and the Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd. (hereinafter “each of the instant appraisal corporations”) to appraise the previous assets with respect to the land, buildings, etc. in the instant project zone including the instant real estate, and each of the instant appraisal corporations assessed the price of the instant real estate as indicated in the attached list “A” and “A” column of the Real Estate Resolution Co., Ltd. (hereinafter “the instant appraisal”).

Based on the above average amount of the appraised value of the instant real estate, the Defendant Union determined to establish a management and disposal plan (hereinafter “management and disposal plan of this case”) that includes the content of calculating the value of the previous right to the instant real estate as indicated in the “average Amount” column in the attached list of real estate in the attached list.

(d)

On April 1, 2019, the head of Nam-gu Busan Metropolitan Government approved the management and disposal plan of this case, and announced it to the Busan Metropolitan City public notificationF on the same day.

E. Meanwhile, the instant court appraiser G calculated the value of the instant real estate as indicated in the column for “the appraised value of the court” in the attached list of real estate.

[Grounds for Recognition] Unsatisfy, Gap 1 (including various numbers), Eul 1 through 3, the result of the appraisal commission to appraiser G of this court, the purport of the whole pleadings

2. Whether the management and disposal plan of this case is invalid

A. The plaintiff's assertion is summary.

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