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(영문) 전주지방법원 2017.05.25 2016구합435
관리처분계획취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is an association that implements a housing redevelopment improvement project by designating the 68 and 73,810 square meters (hereinafter “instant rearrangement zone”) on the 455 parcel, Seosan-dong, Seosan-dong, Jeonju-si, as the project implementation district. The Plaintiff is the owner of each land listed in the separate sheet located in the instant rearrangement zone (hereinafter “each land of this case”) according to the sequence.

B. On December 4, 2012, the Defendant received project implementation authorization from the Jeonju City, and Jeonju City, upon receiving a request from the Defendant for an appraisal corporation selection contract, selected a new appraisal corporation, a future appraisal corporation, a central appraisal corporation, and a central appraisal corporation (hereinafter “each appraisal corporation of this case”) as an appraisal corporation on January 15, 2013, and notified the Defendant.

C. On August 28, 2013, the Defendant submitted an appraisal report on December 4, 2012, 2012, which is the date of announcement of authorization for project implementation by each appraisal corporation of this case, including the Plaintiff’s real estate, at the point of time as of December 4, 2012, which is the date of announcement of authorization for project implementation, to evaluate the value of the land and buildings within the rearrangement zone of this case, and formulated

On November 28, 2015, the Defendant: (a) held an extraordinary general meeting on November 28, 2015; and (b) formulated a management and disposition plan by making a resolution on the case of the approval of the draft management and disposition plan as the agenda item 8 (hereinafter “instant management and disposition plan”); (c) and (d) approved the instant management and disposition plan on December 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including the identification number with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. As examined below by the Plaintiff’s assertion, the appraisal result of each appraisal corporation’s previous assets of this case was assessed at a price significantly low, while the tenement house is at a higher price.

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