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(영문) 부산지방법원 2020.02.07 2019구합515

토지수용재결취소등

Text

1. The plaintiff's primary claim against the defendant Busan Metropolitan City Land Tribunal is dismissed.

2. Defendant.

Reasons

Details of the disposition

After the progress of the instant improvement project, Defendant B Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Association”) obtained authorization from the head of Busan District Office on March 6, 2008 for the purpose of implementing B Housing Redevelopment and Rearrangement Project (hereinafter “instant improvement project”) in the area of 34,486 square meters (hereinafter “instant improvement zone”).

As to the instant improvement project, the Defendant Union received the approval of the project implementation plan from the head of Busan District Office on March 3, 2009 and announced that the approval of the project implementation plan was publicly announced as the Busan District public notification E, and on February 20, 2012, on February 29, 2012, the approval of the project implementation was publicly announced as the public notification of the Busan District public notification E.

From August 1, 2016 to September 28, 2016, the Defendant Cooperative established a management and disposal plan upon receiving applications for parcelling-out from its members, and applied for authorization of the management and disposal plan to the head of Busan Metropolitan City, Busan, and the head of Busan, the head of Busan, the head of Busan, approved the plan on March 31, 2017 and announced it as G publicly notified on April 5, 2017.

The Plaintiff was the land owner who owned one-half shares (hereinafter “instant obstacles”) of the building indicated in the indication of real estate (hereinafter “instant building”) and the 1/2 shares (hereinafter “instant obstacles”) of the 1/2 shares (hereinafter “the instant real property”), including the above building and other obstacles, in Busan-gu, Busan-gu, Busan-do, and the above land’s land surface (hereinafter “instant land”) and attached Table 1 on the ground.

The plaintiff is eligible for cash settlement because it does not apply for the application for parcelling-out within the period of application for parcelling-out.

The head of Busan Metropolitan City, Busan, upon the request of the defendant union, shall set the entry period on November 28, 2017 from December 1, 2017 to the end date of business affairs and set the entry period from November 28, 2017.