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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.
Reasons
Details of the disposition
The plaintiff is the defendant's member who owns a house of 132 square meters in Nam-gu Incheon Metropolitan City (hereinafter "the land in this case") and its ground in the improvement zone for housing redevelopment implemented by the defendant.
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 in 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 the land in this case (hereinafter “road appraisal part”) was requested to appraise the land category on the premise that the current status is a road. Accordingly, in the case of the portion assessed as the original land category among the land in this case (hereinafter “the land appraisal part in this case”), the assessment value of the previous asset was calculated as KRW 153,636,00 in the case of the land appraisal part in this case, and KRW 3,352,00 in the case of the road appraisal part in this case.
The Defendant determined the amount of the right as KRW 200.41% by applying the proportional rate of 100.41% to the portion of the road assessment of KRW 3,352,500 on the land of KRW 153,636,00,00 for the appraisal of the land of this case and KRW 50,619,50 on the land of this case), and determined the amount of the right as KRW 208,458,691, 208,458,691, which was calculated by deducting the amount of the previous asset assessment of each of the above real estate owned by the Plaintiff from KRW 329,536,364, which was applied by the Plaintiff, at KRW 329,536,364, which was calculated by deducting the amount of the above right from the estimated amount of the Plaintiff’s contribution (hereinafter “instant management and disposal plan”), and the remaining head of Incheon Metropolitan City office authorized the above management and disposal plan on November 13, 2017.
[Ground of recognition] The Plaintiff’s assertion of legitimacy of the part concerning road assessment of this case among the instant management and disposition plan of this case as to facts without dispute, Gap’s evidence Nos. 1, 2, 7, and 8, and the purport of the entire pleadings is the land category registered in the public register, and it is itself for the convenience of land owned by the Plaintiff.