1. On November 13, 2017, the Defendant against the Plaintiff in the management and disposition plan authorized by the head of the Nam-gu Incheon Metropolitan City.

Details of the disposition

The Defendant is an association that implements a housing redevelopment project in the area of 96,034.90 square meters in Nam-gu, Incheon. The Plaintiff is the Defendant’s member who owns the land in the Nam-gu, Incheon Metropolitan City C large 233 square meters (hereinafter “instant land”) and the housing on its ground within the said improvement zone.

In order to formulate a management and disposal plan, when the Defendant requests an appraisal business entity to appraise the value of the land and buildings within the rearrangement zone, including each of the above real estate owned by the Plaintiff, the land in this case is classified as a site on the land cadastre, but 89 square meters among them (hereinafter “road appraisal part”) was requested to appraise the land on the premise that the present state is a road on the ground that the present state is a road. Accordingly, in the case of the portion of the land in this case assessed as the original land category among the land in this case (hereinafter “the land appraisal part in this case”), the previous asset appraisal value was calculated as KRW 172,94,00 in the case of the road appraisal part in this case and KRW 35,60,00

The Defendant determined the amount of rights as KRW 270,377,521 by applying the proportional rate of 100.41% to the assessed value of the previous assets of each of the above real estate owned by the Plaintiff (the assessed value of the instant site KRW 172,94,00,00, KRW 35,600,00, KRW 60,00, KRW 60,00, KRW 500, KRW 270,00, KRW 270,377,521, the estimated value of the sale in lots to the 29B type of multi-family housing ( KRW 98,80, KRW 80, KRW 302,06, KRW 231, KRW 31,69, and KRW 710, which was the estimated amount of the Plaintiff’s contribution (hereinafter “instant management and disposal plan”); and the remaining head of the Nam-gu Incheon Metropolitan City authorized the above management and disposal plan on November 13, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 9, and 10 (including branch numbers), and the plaintiff's assertion as to whether the part concerning the assessment of the road of this case in the management and disposition plan of this case is legitimate or not.