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(영문) 부산고등법원 2012.10.24 2012누447

관리처분계획취소 등

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. On September 21, 2005, the Defendant Mayor publicly announced the Busan Metropolitan City’s Master Plan for Urban and Residential Environment Improvement (hereinafter “instant prearranged Zone”) in Busan Metropolitan City’s notification B-ro, Busan Metropolitan City on September 21, 2005, designated the 41,440 square meters of Seoul Special Metropolitan City (hereinafter “instant prearranged Zone”) as a housing redevelopment zone.

A Establishment Promotion Committee for Housing Redevelopment Improvement Projects (hereinafter referred to as the "Promotion Committee") consists of the purpose of establishing an association to implement housing redevelopment projects in the project area designated as the instant prearranged zone, and obtained approval from the head of the Gu on January 10, 2006.

B. Around 2006, pursuant to the proposal for the designation of a rearrangement zone by the promotion committee, the head of the Si/Gun/Gu applied for the designation of a rearrangement zone under Article 4(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 21, 2007; hereinafter the above legal name is referred to as the “Urban Improvement Act”); Article 10(1) [Attachment 1] of the former Enforcement Decree of the Urban Improvement Act (amended by Presidential Decree No. 21098, Oct. 29, 2008); Article 10(1) [Attachment 1] of the former Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 21098, Oct. 29, 2008; hereinafter referred to as “Ordinance No. 3431, Mar. 34, 2008”).

On June 13, 2007, the defendant Mayor designated and publicly announced the area 40,840 square meters of the above area (hereinafter referred to as "the improvement zone in this case") as A's redevelopment and improvement zone.

Then, the area of the above improvement zone was changed to 40,959 square meters due to the correction of error based on the cadastral survey on August 6, 2008 and was published on November 10, 2010.