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(영문) 부산지방법원 2015.06.04 2015구합20245
관리처분계획등무효확인 청구의 소
Text

1. All of the plaintiffs' lawsuits against Defendant Busan Metropolitan City Minister for Shipping shall be dismissed.

2. The plaintiffs' defendant.

Reasons

1. Basic facts

A. The defendant association is a housing reconstruction and improvement project association that implements a housing reconstruction project (hereinafter "the project of this case") under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act") with the Busan Shipping Daegu D project area as the project area, and is authorized to establish the association on June 25, 2003 by the head of the defendant shipping unit and project implementation on November 5, 2007, respectively. The plaintiffs are members of the defendant association.

B. The defendant union held a general meeting of partners on May 25, 2008 and resolved on a management and disposition plan, and then the same year.

6. 13. Authorization by the head of the Maritime Affairs Office

C. Since then, on August 29, 2010, the Defendant Union: (a) held a general meeting of partners on August 29, 2010; (b) formulated a resolution to approve “management and disposition plan (draft)” such as the statement in the evidence No. 5, (c) (1,107, among the 1,798 members, participating in the voting; and (d) obtained approval from the head of Defendant Shipping Government for approval of the instant management and disposition plan (hereinafter “instant approval disposition”) on October 11 of the same year.

On the other hand, on June 26, 2014, the Busan District Court rendered a decision to suspend the performance of duties to the president E who is the representative of the defendant union and to appoint F as an acting director on the part of the defendant union.

E. From January 29, 2010, construction works under the instant project commenced and the said construction was completed around February 2, 2015.

F. On July 29, 2014, as Busan District Court Branch 2014 non-conforming20, the Defendant filed an application for authorization of completion with the head of the Defendant Shipping Association for the construction of multi-family housing (total 21 units, 2,369 units, 21 units, 21 units, 369 units) constructed by the instant project with the approval of completion under Article 52 of the Urban Improvement Act, by obtaining the authorization of completion under Article 52 of the same Act.

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