관리처분계획의무효, 동 조합설립취소등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On January 24, 2007, the Mayor of Busan Metropolitan City and the Mayor of the party to the designation of the improvement zone designated and announced the 33,600 square meters of the Do Won-gu Busan Metropolitan City as the B housing redevelopment zone, and the above improvement zone was changed and announced as the Busan Metropolitan City's 34,486 square meters of the Do Won-gu Busan Metropolitan City (hereinafter "the project zone of this case") by additionally incorporating a part of the area.
The Intervenor joining the Defendant was authorized by the Defendant to establish a housing redevelopment and rearrangement project partnership for the purpose of implementing the instant project on March 6, 2008, as the implementer of the B Housing Redevelopment and Rearrangement Project (hereinafter “instant project”).
The Plaintiff owned 1/2 shares of each of the instant land and buildings owned by Busan Jin-gu E, Busan, and 136 square meters, and the Intervenor joining the Defendant accepted the instant land and buildings and completed the registration of transfer of ownership on April 15, 2019 for the implementation of the instant project.
On March 3, 2009, the defendant approved the project implementation plan of the project of this case as the F of Busan Metropolitan City's public notice, and approved the change of the project implementation plan to G of Busan Metropolitan City's public notice on February 29, 2012.
On February 3, 2018, the Defendant filed an application for the change of the project implementation plan concerning the instant project by holding a general meeting on February 3, 2018, and deliberated on the amendment of the project implementation plan, and applied for the change of the project implementation plan to the Defendant. On May 18, 2018, the Defendant approved the implementation period of the improvement project concerning the instant project, matters concerning the construction plan, such as the building site size, building-to-land ratio, floor area ratio, height, purpose of use, housing construction plan including the size of the house, and the change of the project implementation plan concerning the State and public land
The Intervenor joining the Defendant shall hold a general meeting on February 18, 2017 to change the management and disposition plan and the management and disposition plan concerning the instant project.