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(영문) 인천지방법원 2021.01.14 2020구합50847
관리처분계획취소
Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant carried out the instant project by obtaining authorization for the establishment of an association on May 31, 2010, and obtaining authorization for the implementation of the project on February 6, 2017, as the Housing Redevelopment and Improvement Project Association established to carry out the redevelopment project (hereinafter “instant project”) on approximately KRW 293,000 square meters in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul. Cdong-gu, Seoul (hereinafter “the instant project”).

B. The Defendant publicly announced the period for application for parcelling-out to cooperative members from April 6, 2017 to May 19, 2017, respectively, and from May 20, 2017 to June 8, 2017.

(c)

On May 2, 2017, the period for filing the application for parcelling-out, the Plaintiff acquired the ownership of 1/6 shares in the house and warehouse on the F-based F of Seocheon-gu, Seocheon-gu (hereinafter “instant house, etc.”) located in the project site of this case from Nonparty E, but did not file the application for parcelling-out within the period for filing the application for parcelling-out.

(d)

The Defendant prepared a management and disposition plan that determines the Plaintiff as a person subject to cash settlement (hereinafter referred to as “instant management and disposition plan”), and obtained authorization from the vice-market on May 4, 2018.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 2, 4, 5 (including branch numbers), Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion is sent to E, who is not the plaintiff, and the plaintiff was unable to apply for parcelling-out within the period of application for parcelling-out.

The defendant's management and disposal plan of this case, which classified the plaintiff as a person subject to cash liquidation, is null and void because there is a significant and apparent defect, since the defendant does not confirm who is at least the owner of the land, etc. before making the application for parcelling-out, but failed to confirm it.

3. Determination as to the legitimacy of the instant lawsuit

A. A management and disposal plan concerning the main claim shall be implemented by the applicants for parcelling-out by the owners of existing land or buildings, and by other interested persons.

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