beta
(영문) 부산지방법원 2020.04.02 2019구합23655

분양거부처분 취소의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is an association established for the purpose of implementing a housing redevelopment improvement project by designating the Busan Jin-gu Seoul Special Metropolitan City 126,834 m2 (hereinafter “instant rearrangement zone”) as a project implementation district (hereinafter “Defendant association”).

B. After formulating a management and disposition plan (hereinafter “instant management and disposition plan”), the Defendant Cooperative obtained authorization of the instant management and disposition plan from the head of Busan District Office on August 21, 2018, and the said management and disposition plan was publicly announced as D/D on August 29, 2018.

[Reasons for Recognition] Unsatisfy, Entry of Eul evidence No. 1, the purport of the whole pleadings

2. On October 15, 2018, the Plaintiff asserted that the Plaintiff purchased from E the instant improvement zone F Unauthorized Building (hereinafter “instant building”) located in Busan Jin-gu Busan (hereinafter “instant improvement zone”).

The defendant association classified E as the object of cash liquidation without notifying the application for parcelling-out to E in which its members were members and obtained authorization of the instant management and disposal plan.

The Plaintiff succeeding to the status of a member of the Defendant Union shall seek against the Defendant revocation of the part of the instant management and disposition plan, which determined the Plaintiff as a person subject to cash settlement.

3. Whether the lawsuit of this case is legitimate

A. The Defendant’s lawsuit of this case prior to the merits is unlawful, since it was filed with the time limit for filing the lawsuit stipulated in Article 20(1) and (2) of the Administrative Litigation Act.

B. (1) According to Article 20(1) and (2) of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date on which the disposition became known, and one year from the date on which the disposition is made. (2) The fact that the head of Busan Special Metropolitan City and Busan Special Metropolitan City approved the instant management and disposition plan on August 21, 2018 is as seen earlier, and according to the evidence evidence evidence No. 1, the special terms of the instant building sales contract, drafted on October 15, 2018 between the Plaintiff and E, are “B redevelopment area.”