관리처분계획 무효확인 등
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. Details of the disposition;
A. The Defendant is a housing redevelopment and rearrangement project association which has obtained authorization to establish a housing redevelopment and rearrangement project association from the original market in order to carry out a housing redevelopment project whose business area covers 87,883 square meters of G G in Changwon-si, Changwon-si (hereinafter “instant project”). The Plaintiffs are the owners of land, etc. in the instant project area.
B. On March 30, 2014, the Defendant received an application for approval of the project implementation plan for the instant project from the Changwon Mayor for approval on June 27, 2014, and on July 14, 2014, the period for application for parcelling-out on July 14, 2014 to August 27, 2014 (the last day of the period for application for parcelling-out was extended to September 16, 2014) (hereinafter referred to as the “instant application for parcelling-out”). The booker, “the notification of application for parcelling-out and guidance for parcelling-out of the members,” distributed at the time, includes the details of “the outlined charges” as shown in attached Table 1.
C. The remaining plaintiffs except the plaintiff B did not file an application for parcelling-out during the period of application for parcelling-out.
On February 15, 2015, the Defendant passed a resolution on a management and disposition plan concerning the instant project (hereinafter “instant management and disposition plan”), and the original city was authorized and publicly announced on June 19, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 10, Eul evidence Nos. 1 and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
A. Article 47 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that a person who has not filed an application for parcelling-out during the period of application for parcelling-out or a person who has withdrawn the application for parcelling-out before the expiration of the period of application for parcelling-out shall be subject to a cash liquidation. Here,