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(영문) 창원지방법원 2015.06.09 2014구합1039
관리처분계획취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a cooperative established for the purpose of implementing a housing reconstruction improvement project for zone E in the window of Changwon-si (hereinafter “instant project,” and the date of public announcement of authorization for project implementation: November 21, 2013). The Plaintiffs are the owners of ordinary shops (Plaintiff A: 1: 2, Plaintiff B: 3, Plaintiff C: 4, and Plaintiff C: hereinafter “instant shopping mall”).

B. On April 26, 2014, the Defendant: (a) held a general meeting of shareholders to present the “case of accepting the management and disposition plan (draft)”; and (b) passed a resolution on the “case of accepting the management and disposition plan (draft); (c) Article 7 of the management and disposition plan (hereinafter “instant management and disposition plan”) approved at the said general meeting of shareholders sets the “standards for calculating

The estimated value of 221,00,000,000 217,000,000,000 219,000,000,000 square 18 square 102 square 253,700,000 249,200,000 251,450,000 square 222 square 300 313,100,000 3030,000 307,607,600,000 310,350,000 205 square 203,80,000 353,80,000,347,50,000 - 350,000,347,50,000 -60,6046,008,608,608,6008,608

C. The appraisal value of the previous assets by each partner as stipulated in the instant management and disposition plan is as listed below. The Defendant calculated the above appraisal value, and the Defendant made a request for appraisal to a national appraisal corporation (hereinafter “BA”) and an appraisal corporation of a stock company (hereinafter “DD”) and made a request for appraisal and determined the price of the previous assets of the instant commercial building, etc. by taking an arithmetic mean of the appraised value according to the relevant appraisal result (hereinafter “instant appraisal and assessment”), and accordingly, calculated the amount of the right, which serves as the basis for the sale among partners.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8, the purport of the whole pleadings

2. This.

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