관리처분계획변경인가신청 절차이행
1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Whether the lawsuit in this case is lawful
A. The Plaintiff’s assertion is the landowner in the rearrangement zone executed by the Defendant, and the decision of the Busan District Court 2014Guhap1032 was finalized upon receipt of a settlement recommendation recommendation to the effect that “the Plaintiff is a member of the Defendant, the Plaintiff has the right to apply for parcelling-out, and the Defendant is included in the purchaser.”
Therefore, the defendant is obligated to revise the management and disposal plan to include the plaintiff in the purchaser subject to parcelling-out and implement the procedure for reporting the modification of the management and disposal plan or the procedure for modifying the management and disposal plan.
B. In light of the purpose of establishment, the nature and duty of the redevelopment project partnership, the nature and content of the redevelopment project, the procedure and contents of the management and disposal plan formulation, etc., the partnership is in the rights and obligations relationship under the public law within the scope that it can be seen that it is engaged in specific public affairs which are the objective of existence under the supervision of the State, at least in the legal relations with the members of the partnership.
Therefore, in a lawsuit against a cooperative, in a case where there is a dispute as to the recognition of a partner's qualification with characteristic of a compulsory subscription system, there is no room to intervene in any disposition, etc. at that stage, and thus, it is possible to seek confirmation of a member's qualification through a party lawsuit under public law. Meanwhile, in a case where there is a dispute as to the contents of a management and disposition plan determined after the application for parcelling-out, the management and disposition plan has a specific and conclusive influence on the owner of the land, etc., and thus can seek revocation of the management and disposition plan or the rejection