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(영문) 부산지방법원 2016.11.17 2016구합22545

분양대상자취소처분에대한취소

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1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C Housing redevelopment project partnership (hereinafter “instant partnership”) is a housing redevelopment project partnership established to implement a housing redevelopment project (hereinafter “instant project”) with the area of 67,771m2,00,000,000, Busan Dong-gu, Busan Metropolitan City D KRW 67,771m2.

B. The Plaintiff A is the owner of Busan Dongdong-gu E-24 square meters in the business area of the instant project, and the Plaintiff B is the owner of FF large 21 square meters in the said business area.

C. As to the instant project, on May 14, 2008, the Defendant publicly announced the project implementation authorization as G G publicly announced by Dong-gu Busan Metropolitan City on May 14, 2008, and publicly notified H as of June 5, 2013, and I as of December 3, 2014.

On July 31, 2015, the instant association conducted the procedures for filing applications for parcelling-out against the owners of the land, etc., and notified the Plaintiff of each of the purport that the instant association is excluded from the objects of parcelling-out, and received a management and disposal plan from the Defendant on November 18, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on this safety defense

A. The summary of the defense is the legal relationship between the plaintiffs and the cooperatives of this case, which is the project implementer, and in case where the association did not decide on the application for parcelling-out by the owners of land, etc. to be excluded from the management and disposal plan or to be eligible for parcelling-out, the landowner of land, etc. is not allowed to immediately seek confirmation against the association as a party litigation in civil procedure or public law, and thus, the lawsuit of this case is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. (1) Determination is made with the approval of the project implementation plan from the defendant and with the application for parcelling-out from the owners of land in the project zone.