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(영문) 부산고등법원 2013.05.29 2012누638
관리처분계획변경취소 등
Text

1. Revocation of the judgment of the first instance, and the defendant among the lawsuits pertaining to the part of the main claim corresponding to the revoked part, shall be the defendant on January 201.

Reasons

1. Details of the disposition;

A. The defendant is the Housing Redevelopment and Improvement Project Association approved by the head of the Busan Metropolitan City 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, May 24, 2006; hereinafter referred to as the "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") to carry out a housing redevelopment project in which the Busan Western Fow is located as the project area (hereinafter referred to as the "project in this case"). The plaintiff (appointed party, hereinafter referred to as the "Plaintiff") and the designated parties, and the plaintiff's supplementary intervenors were the owners of the land in the above project area, and were the members under Article 19 (1) of the former Act.

B. The Defendant Cooperative Establishment Promotion Committee issued to 376 owners of the land, etc. in the instant project zone a written consent for the establishment of the association as follows, and received consent from 312 persons among them to establish the association. On February 3, 2005, the Busan Metropolitan Government head of Seo-gu Busan Metropolitan City filed an application for authorization for the establishment of the Housing Redevelopment Improvement Project Association with 312 persons written consent for the establishment of the association. On March 2, 2005, the head of Seo-gu Busan Metropolitan City head of the Gu

3. A plan for 750-households with three stories underground of 46,200 square meters and 118,522 square meters and 12-25 stories underground, and a plan for new construction of 12-25 stories underground, such as the scale of a site (public injury area) and

(a) Design outline cost of new construction of a new building: 2,200,000,000 won in total of the design cost of new construction and other project cost of 17,700,000,000 won in total of 125,90,000,000 won in total; and

(b) Estimated amount of the expenses for removal and new construction of buildings;

C. On April 30, 2005, after the approval was granted for the establishment of the association, the Defendant selected a lot construction company as a city construction project to take charge of the construction of the instant project by holding a general meeting on April 30, 2005 (hereinafter referred to as “shot Construction”). The Defendant issued a written consent to implement a housing redevelopment improvement project to the owners of the land, etc. located within the instant project zone, etc., and obtained the consent to implement the project from 313 of the owners of the land, etc. from among 372 owners, and

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