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(영문) 인천지방법원 2019.10.17 2019구합51332
관리처분계획무효의소
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. On June 7, 2010, the Defendant obtained authorization to establish an association from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Office to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) that implements a project implementation district of Bupyeong-gu Incheon Metropolitan City (hereinafter “instant rearrangement project”).

On April 27, 2012, the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu announced a project implementation authorization with respect to the instant improvement project on April 27, 2012, and publicly announced it as D public notification of Bupyeong-gu Incheon Metropolitan City on the same day.

The Plaintiff is an owner of three buildings, such as the land surrounded by a cutting line in the attached Form 321 square meters (referring to the land surrounded by a cutting line in the drawing; hereinafter “instant land”) and 18.2 square meters of the said housing (hereinafter “instant building”) in Bupyeong-gu Incheon Metropolitan City in the instant improvement zone.

B. The Plaintiff applied for parcelling-out to the Defendant within the period for the application for parcelling-out of the instant rearrangement project, including the evaluation of the previous asset price and the approval of the management and disposal plan, and the Defendant requested F&A and G to appraise the value of previous assets owned by the Plaintiff, including the instant land, in order to formulate a management and disposal plan. The said appraisal business entity deemed the 60 square meters portion of the instant land as the site of the private road (hereinafter “instant key part”), and assessed the price of the previous assets owned by the Plaintiff as indicated in the following table.

(hereinafter the appraisal business operator’s annual average of KRW 480,00,000 in a road of KRW 60,38,000 in a road of KRW 380,538,00 in a capacity of KRW 480,80,000 in a loan of KRW 60,00 in a loan of KRW 409,338,00 in a capacity of KRW 409,338,00 in a loan of KRW 261 square meters in a G land of KRW 390,978,00 in a road of KRW 60,978,00 in a capacity of KRW 390,978,00 in a road of KRW 60,494,00 in a capacity of KRW 29,640,00 in a capacity of KRW 29,618,00 in a capacity of KRW 420,00 in a capacity of each appraisal.

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