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(영문) 부산지방법원 2021.02.04 2020구합320
관리처분계획무효
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant is an association established for the purpose of implementing a housing redevelopment improvement project with the project implementation area of 126,834m2 (hereinafter “instant rearrangement zone”) located in Busan Jin-gu D (hereinafter “instant rearrangement zone”).

B. On August 21, 2018, the Defendant established a management and disposition plan (hereinafter “instant management and disposition plan”), and obtained authorization of the instant management and disposition plan from the head of the Busan Metropolitan Government Office on August 21, 2018, and the said management and disposition plan was publicly notified as publicly notified E on August 29, 2018.

[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

2. Whether the management and disposal plan of this case is automatically null and void

A. On October 15, 2018, the Plaintiff’s assertion 1) purchased a building without permission from C in Busan, Jin-gu, Busan (hereinafter “instant building”) located within the instant improvement zone from around October 15, 2018 after the authorization of the instant management and disposal plan was granted.

The Defendant established the instant management and disposition plan except for C without taking the procedure for notifying the application for parcelling-out with respect to the land owner and interest members of the instant building.

As above, part of the management and disposition plan based on the illegal application procedure for parcelling-out is invalid as it infringes upon the rights of the plaintiff who acquired C's membership status.

2) The Defendant’s assertion C is not the owner of the instant building, and C is the owner of the said building.

In light of the fact that C did not apply for parcelling-out even after the defendant's notice of parcelling-out, and the plaintiff also purchased the above building with a well-known knowledge of the above circumstances. There is no defect in the procedure for applying for parcelling-out by the defendant, and even if there

shall not be deemed to exist.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c)

Judgment

1) The Defendant shall determine the period for application for parcelling-out on August 3, 2017 to September 5, 2017, and publicly notify the application for parcelling-out as the period from August 7, 2017 to September 5, 2017, and land within the instant rearrangement zone around that time.

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