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(영문) 부산지방법원 2016.01.21 2012가합23392

원상회복및손해배상

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. 1) The Defendant Union’s status as a party 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall apply to the following: (a) the Defendant Union shall designate the size of 121,469.22 square meters as

(1) The redevelopment and rearrangement project under the Housing Redevelopment Act (hereinafter “instant rearrangement project”);

The head of Dong-gu Busan Metropolitan Government (hereinafter referred to as the "Dong-gu head of Dong-gu") on August 22, 2005 to implement the plan.

(2) The Plaintiff and the designated parties (hereinafter collectively referred to as the “Plaintiff, etc.”) are co-owners of the attached real estate list (hereinafter referred to as “each of the instant real estate”) located within the instant rearrangement project zone, and are members of the Defendant Union.

On the other hand, on October 16, 2012, the Plaintiff acquired 11/100 shares in the land listed in paragraph (1) of the attached Table of Real Estate List No. 1 and became a sole owner of the said land, and the designated person acquired 1/6 shares in the land listed in paragraph (2) of the attached Table of Real Estate List No. 2 on the same day and became a sole owner of the said land.

Attached Form

The Plaintiff’s share in the building listed in paragraph 3 of the list of real estate is 1/9, and the Claimant’s share is 8/9.

B. On July 10, 2006, the Defendant Mutual Association established a project implementation plan for the instant rearrangement project (hereinafter “the first project implementation plan”), which was approved by the head of the Dong on July 10, 2006, and held a special general meeting on September 7, 2007 after the application period for parcelling-out from August 7, 2006, and decided to apply for authorization of the management and disposition plan (hereinafter “the first management and disposition plan”) with the consent of 313 members present at the meeting of 347 members among 743 members, and the head of the Dong-dong on February 4, 2008.