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(영문) 부산지방법원 2017.08.18 2016구합24237

관리처분계획취소 등

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1. All of the claims for revocation of the management and disposition plan in the instant lawsuit shall be dismissed.

2. The plaintiffs' remaining claims.

Reasons

1. Basic facts

A. The Defendant was established for the purpose of implementing the housing redevelopment improvement project (hereinafter “instant project”) in the area of 62,450 square meters (hereinafter “instant project area”) located in the Young-gu Busan Metropolitan City, Young-do, Busan, for which the Defendant was authorized by the head of the Busan Metropolitan City on December 27, 2007 (hereinafter “the head of the Young-do”). The Plaintiffs are the owners of the land within the instant project area.

B. The following are the progress of the designation of the head of the Yeongdeungpo-do improvement zone and the approval of the project implementation plan for the project in this case.

AG announced on November 14, 2007 (hereinafter referred to as the "designation of the rearrangement zone in this case"), the scheduled time for implementing the rearrangement project: The first alteration of the rearrangement zone and the first announcement within four years from the date of the public announcement of the designation of the zone: AH announced on October 27, 2010 (hereinafter referred to as the "public announcement of the first alteration of the rearrangement zone in this case"), the scheduled time for implementing the rearrangement project: The approval of the project implementation plan within four years from the date of the public announcement of the designation of the rearrangement zone: the AI announced on March 9, 201 (hereinafter referred to as the "instant project implementation plan"), the designation and public announcement of the second alteration of the rearrangement zone in this case: The public announcement of the Busan Metropolitan City on September 9, 2015, and the scheduled time for implementing the rearrangement zone: the alteration of the project implementation plan within four years from the date of the public announcement of the designation of the rearrangement zone in this case (hereinafter referred to as the "approval of the project implementation plan in this case"): the public announcement of the project implementation plan in this case;

C. On February 15, 2016, the Defendant determined the period for application for parcelling-out to the members, including the Plaintiffs, from February 15, 2016 to March 25, 2016 (the first extension) and announced the application for parcelling-out, and the Plaintiffs did not apply for parcelling-out.

The defendant shall apply for parcelling-out including the plaintiffs after undergoing the procedure for application for parcelling-out as above.