본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
수원지방법원 2017.06.21 2016구합67531

환지계획인가 및 환지예정지지정처분 무효확인 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is the owner of the land listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”). The Defendant is the project implementer of the “B Urban Development Project” (hereinafter “instant project”) that is conducted in the area of Pyeongtaek-si, Dong-dong and Dong-dong 741,826.4 square meters, including the instant land.

On January 14, 2008, the Gyeonggi-do Governor announced the Gyeonggi-do public announcement E, publicly announced the designation of an urban development zone and the formulation of a development plan for the project of this case, and publicly announced the authorization of an implementation plan for the project of this case on November 24, 2010.

On March 21, 2012, the Defendant held the sixth Land Appraisal Council (hereinafter “instant Land Appraisal Council”) and deliberated on the agenda items, etc. of “detailed standards for establishing land substitution plans.”

The foregoing agenda includes a bill stating that “The value of the land owned by the association members who own land of not more than 20,000§³ shall be adjusted upward by 3% below the appraised value” (hereinafter “instant agenda”).

(B) On May 22, 2014, the Defendant obtained authorization of a replotting plan for the instant project from the Defendant (No. 2) and issued a land substitution plan for replotting for the instant project from June 13, 2014 to June 26, 2014; and on June 27, 2014, the effective date of the designation of land substitution for replotting was June 27, 2014.

[Ground of recognition] A. 4-1, Eul's evidence Nos. 1, 2-2, Eul's assertion of the purport of the whole pleadings, and the plaintiff's assertion that the land appraisal council of this case has a serious illegality as follows. Thus, the defendant's disposition of this case based on the deliberation of the land appraisal council of this case is automatically null and void.

The appraisal value of the land owned by the owner shall be adjusted by 3% for the meeting items listed in the notice of convening the Land Appraisal Council of this case.

‘' includes only the contents, and the classification of possession.