준공인가취소등
1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).
1. Basic facts
A. On March 2, 2005, the Defendant Cooperative is the Housing Redevelopment Project Association approved by the head of the Defendant on March 2, 2005 to implement a housing redevelopment project with the Busan Seo-gu D branch as the project area (hereinafter “instant project”). The Plaintiffs and the designated parties are the owners of the land, etc. in the above project area, who do not apply for parcelling-out within the period of application for parcelling-out and are classified as cash liquidation.
B. On October 30, 2014, upon the application of the Defendant Union, the head of the Si/Gun/Gu issued authorization for the completion of the instant project (hereinafter “instant authorization for completion”) and announced it to the Seo-gu Busan Metropolitan City public notice E on November 5, 2014, and on May 20, 2015, the Defendant Union announced the transfer of the instant improvement project (hereinafter “instant transfer public notice”).
[Ground of recognition] Facts without dispute, Gap evidence 79, Eul evidence 1, the purport of the whole pleadings
2. The plaintiffs' assertion that the project execution plan (including modification) and the management and disposal plan approved by the head of the defendant's office should be invalid or cancelled as it is unlawful. Thus, the approval of the completion and transfer notification of this case based on the above management and disposal plan should also be revoked in
[In addition to the instant case, the Plaintiffs filed a lawsuit seeking invalidation or revocation of a management and disposition plan change disposition, etc. issued by the head of the Gu against the Defendant Union on December 3, 2013, under the Busan District Court 2014Guhap640, but the said court rendered a judgment dismissing all of the said lawsuit on November 28, 2014, and the Plaintiffs’ appeal (Seoul High Court 2014Nu23444 decided August 26, 2015) was dismissed.
3. The Defendants’ determination as to the legitimacy of the instant lawsuit cannot contest the authorization of completion and the transfer announcement due to the legal issues prior to the transfer announcement. Thus, the instant safety defense to the effect that there is no legal interest in seeking the revocation of the authorization of completion and the transfer announcement.
urban.