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(영문) 부산지방법원 2014.11.28 2014구합640
관리처분계획변경인가취소등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

Details of the disposition

A. In order to carry out a housing redevelopment project whose project area covers Seo-gu in Busan (hereinafter “instant project”), the Defendant Cooperative is a housing redevelopment and maintenance project association approved by the head of the Si/Gun/Gu on March 2, 2005 pursuant to Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7959 of May 24, 2006; hereinafter “Urban and Residential Environment Improvement Act”) and the Plaintiff (appointed party; hereinafter “Plaintiff”) and the designated parties were the owners of the land within the said project area, etc., and were the members of the Plaintiff under Article 19(1) of the former Act.

B. On June 29, 2005, the Defendant Union filed an application for authorization to implement the project with the head of Seo-gu, Busan Metropolitan Government on July 6, 2005, and the head of Seo-gu, Seoul Metropolitan City announced on July 6, 2005, made a public announcement for authorization to implement the project, and made the public perusal of the project implementation plan in the construction and project implementation plan of Seo-gu, Busan Metropolitan City by August 10, 2

C. Around February 28, 2006, the Defendant Cooperative supplemented the project implementation plan several times according to the orders of the head of the Si/Gun/Gu, and then changed the implementation area from 46,200 square meters to 46,494 square meters, and the implementation period from 42 months to 49 months, and submitted the project implementation plan stating the project cost of 146,248,273,000 won, and the head of the Si/Gun/Gu issued the project implementation plan on March 3, 2006 (hereinafter “the first project implementation plan”) with the approval from the head of the Si/Gun/Gu on March 3, 2006. The first project implementation plan on the same day was announced as the F of the Seo-gu Busan Metropolitan City, Seo-gu public notice of application for parcelling-out (hereinafter “the first application for parcelling-out”) to the members on March 23, 2006, and received the application for parcelling-out from 365 members by June 10, 2006.

The plaintiffs and the designated parties did not apply for parcelling-out or withdrawn the application for parcelling-out, and upon the application of the defendant's local land expropriation committee on January 29, 2009, the Busan Metropolitan City regional land expropriation committee applied for expropriation decision on April 13, 2009.

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