수용재결처분 무효확인
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
Details of the disposition
The Intervenor joining the Intervenor joining the Defendant for approving the establishment of the association (hereinafter referred to as the “ Intervenor Partnership”) shall obtain the authorization of establishment from the head of the Nam-gu Busan Metropolitan City on December 15, 2014, to promote the housing redevelopment improvement project by making the KRW 68,353 square meters of the Seoul Southern-gu D Day as the rearrangement zone (hereinafter referred to as the “instant rearrangement zone”).
On January 12, 2017, the Intervenor Union, which has obtained approval of a project implementation plan, filed an application for approval of a project implementation plan with the head of Nam-gu Busan Metropolitan Government on the construction of 11 units of multi-family housing of 4 stories underground and 35 stories above ground and auxiliary and welfare facilities in the rearrangement zone in this case, and the head of Nam-gu Busan Metropolitan City announced the approval of the project implementation to the Intervenor Association on April 5, 2017 and announced it on April 12, 2017.
From June 20, 2017 to August 3, 2017, the intervenor association established a management and disposal plan after receiving an application for joining the association members, and then applied for authorization of the management and disposal plan to the head of the Busan Metropolitan City Southern Metropolitan City, and the remaining head of the Busan Metropolitan City shall approve it on March 7, 2018, and publicly notified on March 14, 2018.
The Plaintiff was a member of the Intervenor Union, who owned the instant land within the instant rearrangement zone and Class 2 neighborhood living facilities of the second floor of the ground block slive roof, and was a member of the Intervenor Union.
The plaintiff becomes a person subject to cash settlement because he/she did not apply for parcelling-out within the period of application for parcelling-out of the intervenor association.
The Intervenor Union, on September 11, 2017, announced the perusal of the compensation plan to the E Press on the same day, sent the notice of perusal of the compensation plan to the Plaintiff on September 12, 2017. On April 17, 2018, May 24, 2018, and June 20, 2018, requested the Plaintiff to hold consultations pursuant to Article 16 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and Article 8(1) of the Enforcement Decree of the same Act on June 3, 2018.