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(영문) 부산지방법원 2015.07.02 2014구합22381

재결처분신청거부취소

Text

1. The plaintiffs have jurisdiction over the plaintiffs' application for adjudication on real estate stated in attached Table 1 dated August 20, 2014.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established for the redevelopment and rearrangement project of the D branch of Busan Dong-gu, and the Plaintiffs are the owners of real estate listed in the attached Table 1 list within the project implementation district.

B. On July 19, 2013, the Defendant obtained project implementation authorization from the head of the Dong-gu Busan Metropolitan City (hereinafter “instant first sale”), and publicly announced the period of application for parcelling-out from August 26, 2013 to October 2, 2013 (hereinafter “instant first sale”).

However, the plaintiffs did not apply for parcelling-out to the defendant within the above period of parcelling-out.

C. On August 20, 2014, the Plaintiffs sent to the Defendant a postal item proving contents that “The period of compensation agreement has expired, and there was no intent to consult with the value of the previous assets in the course of cash clearing.” The Plaintiffs sent to the Defendant a document verifying contents that “an application for adjudication of expropriation was requested as soon as possible.” The said declaration of intent reached the Defendant around that time.

On August 22, 2014, the Defendant respondeded to the Plaintiffs on the following purport: “The Defendant is expected to follow the procedure of settlement, such as cash settlement, after obtaining subsequent approval for management and disposal according to the business implementation schedule.” However, as of the date of closing argument of the instant case, the Defendant did not file an application for the adjudication of expropriation with the competent Land Tribunal on the instant real estate,

E. Meanwhile, on August 29, 2014, the Defendant obtained project implementation authorization from the head of the Dong-gu Busan Metropolitan City (hereinafter referred to as the “instant additional parcelling-out”) from September 17, 2014 to October 16, 2014, and again received an application for parcelling-out (hereinafter referred to as the “instant additional parcelling-out”). The Plaintiffs still did not apply for parcelling-out within the said period.

Since then, the defendant held the general meeting on March 11, 2015, and is expected to receive the management and disposal plan from the head of the Dong-gu Busan Metropolitan City.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, and Eul evidence 1 to 10 (including numbers for those with serial numbers) respectively.