관리처분계획취소
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation of this case is as follows, except for the addition of the determination of the plaintiffs’ assertion under Paragraph (2) below, and therefore, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. The plaintiffs' assertion 1) The defendant made an application for parcelling-out procedure by setting the period from September 9, 2013 to October 23, 2013 after nine months from the date of public announcement of project implementation approval on January 9, 2013. The period from September 9, 2013 to October 23, 2013 was extended from November 6, 2013 to October 27 of the same month after the expiration of the period for application for parcelling-out. Thus, it is illegal that the plaintiff did not receive the procedure for parcelling-out within 60 days from the date of public announcement of project implementation approval under Article 46 (1) of the Urban Improvement Act, which is a mandatory provision, or that the period for parcelling-out has not been extended within the previous period for parcelling-out, and therefore, the management disposition plan of this case is unlawful, and therefore, there is no legal interest to seek cancellation of the management disposition plan of this case separately from the amendment plan of this case.
I would like to say.
The second sentence of the first instance court;
B. (2) see paragraph (2). Legal interest exists in dispute over the cancellation of the instant management and disposition plan
Even if Article 46 (1) of the Act on the Maintenance and Improvement of Urban Areas for the Period of application for parcelling-out is interpreted as an effective provision, if it fails to observe the period of notification of application for parcelling-out, the degree and circumstances of the violation, the impact of the rights and obligations of the union members, etc. shall be considered,