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(영문) 창원지방법원 2015.10.06 2015구합21672
관리처분계획 무효확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and rearrangement project association which has obtained authorization to establish a housing redevelopment and rearrangement project association from the original market in order to carry out a housing redevelopment project (hereinafter “instant project”) whose business area covers 87,883 square meters of G G in Chang-si, Changwon-si. The Plaintiffs are owners of land, etc. in the instant project area.

B. On March 30, 2014, the Defendant applied for the approval of the project implementation plan for the project of the instant project to the Changwon Mayor, and obtained the approval of the project implementation plan from the Changwon mayor on June 27, 2014, and the period for application for parcelling-out on July 14, 2014 from July 14 to August 27, 2014 (the last day of the period for application for parcelling-out was extended to September 16, 2014) (hereinafter referred to as “instant application for parcelling-out”), the Defendant received the application for parcelling-out (hereinafter referred to as “the last day of the period for application for parcelling-out after the application for parcelling-out was extended to September 16, 2014”), and there was the content as shown in attached Table 1, stating “the details of summary charges” at the time of distribution.

C. The Plaintiffs did not apply for parcelling-out or withdrawn the application for parcelling-out during the period of application for parcelling-out.

On February 15, 2015, the Defendant passed a resolution on a management and disposition plan concerning the instant project (hereinafter “instant management and disposition plan”), and the original city was authorized and publicly announced on June 19, 2015.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Under Article 46(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff’s assertion shall notify the Plaintiffs of the “detailed details of charges” necessary to determine whether to apply for the instant application for parcelling-out.

However, as shown in attached Table 1, the defendant shall calculate the amount of rights, the standard price for sale, the proportional rate, and the calculation method of charges.

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