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(영문) 부산지방법원 2020.01.10 2019구합843
사업시행인가취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Intervenor joining the Defendant was authorized to establish a housing association on September 21, 2016, pursuant to Article 11 of the Housing Act, Article 20 of the Enforcement Decree of the same Act, and Article 7 of the Enforcement Rule of the same Act.

1. Project name: New construction works of the regional housing association; and

3. Location and size of the project site, and the scale of construction housing;

(a) Location: Busan Jin-gu D branch:

(b) Site area: 26,968 square meters;

(c) Building area: 3,701 square meters;

(d) Total floor area: 18,279,8678С;

(e) Scale: 2nd basement/ground floor, 32-36 floors, 6 units of collective housing (806 households);

(f) Use: Multi-family housing and ancillary and welfare facilities;

G. Approval Number: C (on June 17, 2019), along with E, a registered business operator under the Housing Act, filed an application for the following construction project plan with respect to the instant project on January 15, 2019; and the Defendant approved the construction project plan of the Intervenor’s Intervenor pursuant to Article 15 of the Housing Act on June 17, 2019 (hereinafter “instant disposition”).

(2) The Plaintiff filed a lawsuit against the Plaintiff on July 19, 2019 against the Plaintiff on the claim for ownership transfer registration based on a claim for sale registration under Article 22(1)1 of the Housing Act with the Busan District Court Decision 2019Da324301, Jul. 19, 2019, which is included in the instant business zone, and the Defendant’s Intervenor filed a lawsuit against the Plaintiff on July 19, 2019. [In the absence of any dispute over recognition, the Plaintiff is not a member of the Defendant’s Intervenor, but merely is an owner of real estate subject to the claim for sale registration within the instant business site, and thus, the Plaintiff has an indirect or factual interest in the instant disposition.”

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