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(영문) 부산지방법원 2017.08.11 2015구합715
토지수용이의재결처분취소등
Text

1. Of the primary claims of the instant lawsuit, the part of the Plaintiffs’ claim against the Central Land Expropriation Committee is all relevant.

Reasons

1. Details of the disposition;

A. Defendant Y Housing Redevelopment Development and Improvement Project Association (hereinafter “Defendant Cooperative”) was established on March 4, 2010 by the head of the Busan Metropolitan City Shipping Authority (hereinafter “the head of the Shipping Authority”) and was established on March 12, 2010, by the association established on March 12, 2010, and was the implementer of the Y area redevelopment and rearrangement project (hereinafter “instant project”). The Plaintiffs owned land, obstacles, etc. in the instant project area.

B. On July 30, 201, the Defendant Union applied for the approval of the project implementation plan with the consent of 149 owners of land, etc. on the proposal of the project implementation plan from 229 owners of land, etc. on December 8, 2011, and the head of the Shipping Unit approved the project implementation plan of the Defendant Union on May 7, 2012 (hereinafter “instant project implementation plan”), and announced it on May 16, 2012 (Public Notice AA of Busan Metropolitan City Shipping Daegu).

C. On September 9, 2012, the Defendant Union applied for a modified project implementation plan with the consent of 163 of 230 members for the “case of partial modification of the matters regarding the consent to the establishment of the association” with respect to the “case of partial modification of the matters regarding the consent to the establishment of the association” with the consent of 163 of 230 members, and with the consent of 164 of 230 members for the “case of modification of the project implementation plan” with respect to the “case of partial modification of the project implementation plan” with respect to the “case of modification of the project implementation plan” with respect to the “case of partial modification of the matters regarding the consent to the establishment of the association,” which includes the “case of modification

On October 25, 2012, the head of the shipping fleet authorized the change of the project implementation plan of the defendant's association, and announced it on October 31, 2012 (AB notification of Busan Metropolitan City Maritime Daegu).

On November 5, 2012, the Defendant Union announced and announced the application for parcelling-out to its members, and received an application for parcelling-out from its members from November 5, 2012 to December 4, 2012 (hereinafter “instant application for parcelling-out”), but land and obstacles within the instant project zone.

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