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(영문) 부산지방법원 2019.05.09 2019구합126
관리처분계획무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

On June 22, 2005, the Mayor of Busan Metropolitan City (hereinafter referred to as the “instant improvement zone”) designated and publicly announced the 108,220 square meters square meters of the Do Won-gu Busan Metropolitan City as the improvement zone for the housing redevelopment project (hereinafter referred to as “instant improvement zone”).

On June 29, 2005, the head of Busan District Court approved the establishment of the defendant B&A partnership (hereinafter "the defendant partnership").

On July 10, 2006, the head of Busan District Office approved the implementation of the rearrangement project in this case, and publicly announced it on July 19, 2006 to the Busan District Office E publicly notified on July 19, 2006.

On December 27, 2007, the head of Busan District Office approved the management and disposal plan of the rearrangement project in this case, and publicly announced it on January 1, 2008 as F publicly notified on January 1, 2008.

On September 21, 2011, the head of the defendant Busan District Office approved the implementation of the improvement project in this case, and publicly notified the project as G publicly notified on September 28, 2011.

On December 2, 2016, the head of Busan District Office approved the implementation of the instant improvement project, and publicly notified the project as H on December 7, 2016.

On November 10, 2017, the head of Busan District Office approved the management and disposal plan (amended) of the instant improvement project, and publicly notified it as I publicly notified on November 15, 2017.

On the other hand, on December 20, 1997, the Plaintiff is a tenant who resides in the area of the instant improvement zone by moving into the "Seongsan-gu J Ground Housing" located in the area of the instant improvement zone.

[Ground of recognition] Facts without dispute, Gap 2, 4, 7, 8, 11, 13, 14, Eul's evidence, Eul's overall purport of pleading, and the defendants' assertion as to the legitimacy of the lawsuit of this case's lawsuit of this case's lawsuit of this case's assertion as to the legitimacy of the lawsuit of this case's lawsuit of this case's lawsuit of this case's lawsuit of this case's lawsuit of this case'

Judgment

A litigation seeking confirmation of nullity, etc. may be instituted by a person having legal interest in seeking confirmation of validity or existence of a disposition, etc.

(Article 35 of the Administrative Litigation Act). The defendant union is within the rearrangement zone in this case.

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