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(영문) 창원지방법원 2017.06.13 2015구합729 (1)
관리처분계획취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. The Defendant is a cooperative established for the purpose of implementing the Housing Reconstruction Improvement Project in Zone B of Changwon-si, Changwon-si Co., Ltd. (hereinafter “instant project”), and the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs” and the designated parties”) are members of the Defendant as a sectional owner of D apartment (hereinafter “instant apartment”), 13, and 14, located within the instant project improvement zone.

B. The Defendant established a draft of the management and disposal plan and passed the draft of the management and disposal plan at the general meeting held on January 31, 2015 (hereinafter “instant management and disposal plan”). The appraisal of the previous assets (hereinafter “instant appraisal”) conducted by the State Appraisal Corporation (hereinafter “Bad Appraisal”) and the Korea Appraisal Corporation (hereinafter “Korea Appraisal Corporation”) of the instant management and disposal plan are as follows.

The average of the amounts of the national appraisal (won) 13 83.78 square meters 83.78 square meters 13,239,400,000 236,700,000 238,050,000 213 2.14 square meters 84.14 square meters 240,500,700 239,100,000 239,100 314 83.78 square meters 239,40,000 236,70,700,00238,050 238,050,000 24.14 240,50,000 230,700,000 230,000 239,000,000

C. The Changwon market approved the management and disposal plan on May 18, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the management and disposal plan of this case is legitimate

A. The Plaintiff’s assertion is unlawful for the following reasons. As such, the part concerning the Plaintiff’s previous asset assessment in the instant management and disposal plan based on illegal appraisal should be revoked.

1 The defendant, in the form of national appraisal and appraisal, was subject to the appraisal of the previous assets on the apartment of this case.

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