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(영문) 부산지방법원 2016.10.21 2016구합2749
관리처분계획인가무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant is the Housing Redevelopment and Improvement Project Association established to promote the Housing Redevelopment and Improvement Project (hereinafter “instant Project”) at the Busan East-gu D Headquarters.

B. On January 11, 2006, Busan Metropolitan City was designated and announced as the improvement zone of the project in this case (hereinafter “instant improvement zone”). On May 12, 201, the Defendant approved the project implementation plan of the Intervenor joining the Defendant on May 12, 2010, the implementation period of the improvement project was “48 months from the date of authorization for the implementation of the project,” and on July 19, 2013, the implementation period of the improvement project was not changed without changing the implementation period, and on August 29, 2014, the implementation period of the improvement project was changed to “48 months from the date of authorization for the implementation of the project.”

C. On July 20, 2015, the Defendant issued an authorization on the management and disposition plan requested by the Intervenor joining the Defendant (hereinafter “instant authorization disposition”), and publicly announced it to the Busan Metropolitan City Dong-gu Public NoticeF on July 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Byung evidence Nos. 1 to 3, and 5, the purport of the whole pleadings

2. The gist of the Plaintiffs’ assertion 1) The Defendant set the period for implementing the instant rearrangement project in the authorization to implement the project on May 12, 2010 as 48 months from the date of authorization to implement the project, and the said implementation period has not been changed even with the authorization to revise the project on July 19, 2013. Since the re-approval to implement the project on August 29, 2014, which was after the implementation period specified in the authorization to implement the project, was expired, the said authorization to implement the project was invalidated on August 29, 2014, and the instant administrative disposition plan is null and void. 2) As to a person who fails to apply for the purchase, the Defendant’s Intervenor was amended by Act No. 13508, Sept. 1, 2015; hereinafter referred to as the “former Act”).

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