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(영문) 부산지방법원 2020.07.24 2019구합24214
관리처분계획 무효 확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is an association established for the purpose of implementing a housing reconstruction improvement project (hereinafter “instant project”) in the area of 77,374.7 square meters in Busan Dong-gu, Busan Metropolitan City (hereinafter “instant project area”), and the Plaintiffs are the owners of the land, etc. in the instant project area.

B. The following process is the process of designation of the rearrangement zone and approval of the project implementation plan concerning the project of this case.

Approval of the establishment of the Defendant Association Establishment Promotion Committee (hereinafter referred to as the “instant Promotion Committee”) on March 30, 206, on February 18, 2009, the management and disposal plan (hereinafter referred to as the “management and disposal plan of this case”) approved on September 23, 2009 by the resolution on the change of partnership officers and partnership members at the ordinary meeting on March 23, 2016 at the ordinary meeting on July 23, 2015, the approval of the management and disposal plan approved on November 11, 2017 (hereinafter referred to as the “instant general meeting”) by the Busan Metropolitan City public notificationO, and the approval of the management and disposal plan (hereinafter referred to as the “instant management and disposal plan of this case”) on January 23, 2018.

C. The Defendant decided to hold the instant general meeting and sent guidance books on the special general meeting to its members by registered mail. The above guidance books presented 12 agenda items due to the resolution, and among them, the agenda items No. 2 are “cases of approval on the management and disposal plan (draft)”.

The general meeting of this case held 860 of the 933 members of the defendant association (90 members present at the site without submitting a written resolution and 542 members present at the site). The "case of approval of the management and disposal plan (draft)" was passed by 839 votes.

E. The head of the Dong-gu Busan Metropolitan City approved the instant management and disposition plan on January 23, 2018, and announced it on January 31, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1 to 6, 8 to 10, and 21 include the numbers.

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