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(영문) 부산고등법원 2015.08.26 2014누23444 (1)
관리처분계획변경인가취소등
Text

1. All appeals filed by the Plaintiff (Appointeds) against the Defendants are dismissed.

2. The appeal costs.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiffs sought the cancellation of the management and disposition plan of this case and the approval disposition of this case in the first instance court and the invalidity of the approval disposition of this case, and the previous preliminary claims were withdrawn in the first instance and they were divided into the previous preliminary claims in the first instance and the previous preliminary claims. As such, the previous preliminary claims withdrawn were excluded from the subject of the judgment of this court.

3. The plaintiffs' arguments are the management and disposal plan of this case and its approval, the project implementation plan (revision) which forms the basis of the management and disposal plan of this case, and the follow-up procedure of the management and disposal plan of this case are defects (e.g., invalidation of the project implementation plan due to the lapse of the project implementation period, omission of the procedure for public inspection notification, illegality at the time of consultation, omission of the relocation measures for the liquidated subject, illegality at the point of time of settlement, recovery of illegal defects, omission of consultation procedure under the Land Compensation Act, omission of notification of appraised value, omission

4. The Defendant Union asserts that the instant lawsuit is unlawful on the grounds that the instant lawsuit was lawful or that the transfer notice under the Urban Improvement Act was given.

If a transfer announcement is made in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, it becomes effective to invalidate all the rights vested in a uniform and uniform manner for the majority of the members, etc., and to establish a management and disposal plan from the beginning to follow the procedures for the transfer announcement is contrary to the public interest and organization legal nature of the improvement project. Thus, after the transfer announcement becomes effective, members, etc. of the association.

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