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(영문) 수원지방법원 2019.02.15 2018구합64727
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. Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant is an association established with approval for the establishment of a housing reconstruction project (hereinafter “instant project”) on September 27, 2012 for the purpose of implementing housing reconstruction project (hereinafter “instant project”) with the area of 118,069 square meters in the area of Sincheon-si Do and Sincheon-si Do 118,069,30 square meters in the area of Sincheon-si Do and Sincheon-si Do, and the association established with approval for the establishment of the instant project from the Sincheon-si

The Plaintiffs are the Defendant’s members who own commercial buildings within the instant business zone.

B. On February 21, 2013, the Defendant agreed on the compensation for commercial union members and the management and disposal plan for new virtual family members (hereinafter referred to as “instant agreement”) with the Dong-dong Society (hereinafter referred to as the “Dong-dong Council”) composed of the sectional owners of the commercial buildings in the instant project zone (hereinafter referred to as “Ga-dong Association”), and the main contents thereof are as follows.

2. With respect to the detailed “design Conditions” of a newly constructed shop:

(c) The height of the floor of a commercial building on a road shall not exceed 18cc, and the area of each unit of a new commercial building shall be partitioned by the area to be sold by the owners, such as land for each commercial building, and shall be suitable for the design;

3.With respect to administration and disposal of new shopping mallss:

(a) The management and disposal plan of a newly-built shop owner shall comply with this Agreement, and shall comply with the autonomous management and disposal plan of the shop owner to the extent that it does not go against the relevant Acts

(c) within the total area supplied without compensation (415.62 square meters), an area equivalent to the value of a new price assessed in proportion to the value of the previous price assessed shall be supplied to an individual owner;

In order to ensure the fair management and disposal between the owners of commercial buildings, a cooperative may pay or collect a settlement amount according to the size, floor, and appraised value of the new commercial building according to the management and disposal plan of the commercial

(f) The above, (b), (c), (d), and (e) shall apply where the autonomous management and disposal plan of the owner of a commercial building is not established.

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