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(영문) 서울행정법원 2017.01.26 2015구합52746
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 project in Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government 89,853.40 square meters (hereinafter “instant rearrangement zone”). The Plaintiff is the owner of the land, etc. and the Plaintiff is the owner of the land, etc. and the Plaintiff is the Plaintiff’s association who owns the Seongbuk-gu Seoul Metropolitan Government Drown-gu 489 square meters and its ground buildings located within the instant rearrangement zone (hereinafter

B. On December 22, 2014, the Defendant obtained authorization of the management and disposal plan from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant management and disposal plan”). The former asset price, which forms the basis of the instant management and disposal plan, is calculated based on the appraisal result of the national appraisal corporation and the appraisal corporation of the corporation (hereinafter “stock company”).

C. The Plaintiff’s previous asset price so calculated is as listed in the following table:

(Unit: 2,232,285,00 131,240,000 2,363,525,00 / [Grounds for Recognition] A; 1,2, evidence No. 4-1, and evidence No. 4-2, and the purport of the whole pleadings and arguments of the instant building;

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

A. The appraisal by the appraisal corporation and the foreign appraisal corporation, which are the basis of the instant management and disposal plan of the Plaintiff’s assertion (hereinafter “instant appraisal and assessment”), has various defects contrary to the appraisal and assessment rules, etc. due to such defects, the value of the land and buildings in the instant rearrangement zone, including the instant land and buildings, was remarkably low, and the error was found in calculating the proportional ratio.

Therefore, the consent of the members of the management and disposal plan of this case cannot be deemed to be based on the genuine intent, so the management and disposal plan of this case should be revoked illegally.

(b) Entry in the attached statutes of the relevant statutes;

C. The plaintiff's assertion 1 is defective.

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