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(영문) 부산지방법원 2019.12.19 2019구합676
정비기반시설설치계획에대한인가처분무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 21, 2008, the Defendant: (a) designated Suwon-gu, Busan as a rearrangement zone (hereinafter “instant rearrangement zone”); (b) A Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) was established on January 3, 2013 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in the said rearrangement zone.

B In the event that the following matters are not implemented or violated under the conditions for authorization for the implementation of the housing redevelopment project, authorization may be revoked or necessary measures may be ordered, such as suspension of construction or prohibition of the use of construction:

- The main time is to review the establishment plan of alternative passages for pedestrian traffic in the sections requiring the connection with the surrounding areas as the existing roads are abolished at the time of construction to minimize the inconvenience of nearby residents.

- The time will be to review the method of installing connecting passages in the complex from the cost of eliminating the inconvenience of residents in use, as the existing roads connected to the latter direction of the existing E apartment FF, are closed.

- In consultation with the E apartment side, the timing to review the method of opening the vehicle passage road on the site of the small park in the rearrangement zone.

B. On December 1, 2016, upon the instant association’s application, the Defendant issued a disposition to authorize the instant project implementation plan for the instant improvement project (hereinafter “instant authorization disposition”) under the following conditions (hereinafter “instant authorization conditions”). On December 7, 2016, the instant project implementation plan includes the size of 563 square meters (hereinafter “instant road”).

C. In the vicinity of the instant improvement zone, the Busan Suwon-gu E Apartment (hereinafter “instant apartment”) (hereinafter “the instant apartment”) adjoins the following, and the latter (Fdong direction) adjoins the road of this case, the width of which is two to three meters.

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