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(영문) 부산지방법원 2011.12.30 2011구합2577

관리처분계획취소 등

Text

1. Of the instant lawsuits, the part demanding confirmation of invalidation or absence of an association establishment and the subdivision plan of the management office among the primary claims.

Reasons

1. Details of the disposition;

A. On September 21, 2005, the Defendant Mayor announced a master plan for urban and residential environment improvement in Busan Metropolitan City, a public announcement of Busan Metropolitan City on September 21, 2005, and designated the 41,440 square meters (hereinafter “instant prearranged zone”) as an area to be redevelopment and rearrangement of housing. A district Housing Redevelopment and Improvement Project Promotion Committee (hereinafter “Promotion Committee”) was composed of the purpose of establishing an association for implementing housing redevelopment projects in the project area designated as the instant prearranged zone, and was approved by the head of the Defendant on January 10, 206.

B. The Defendant head of the Gu around 2006, pursuant to the proposal for the designation of improvement zone of the promotion committee, the number of old and inferior buildings within 40,840 square meters among the prearranged zone of this case is 60 dong (54 %) among 110 dong, and the number of the small, irregular or small-type lots is 79 % among 191 land (41.3%), and 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 “Urban Improvement Act”), Article 4(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] 2 of the former Busan Metropolitan City Ordinance on the Maintenance and Improvement of Residential Environment (amended by Presidential Decree No. 210934, Dec. 34, 20034).

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.