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(영문) 창원지방법원 2016.12.20 2015구합1609
석전1구역주택재개발사업관리처분계획인가처분무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

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

B. On March 30, 2014, the Defendant received the application for parcelling-out (hereinafter referred to as “instant application for parcelling-out”), setting the period for application for parcelling-out on July 14, 2014 to August 27, 2014 (the last day of the period for application for parcelling-out has been extended on September 16, 2014) after filing an application for approval of the project implementation plan for the instant project with the Changwon City Mayor for the project on June 27, 2014 (hereinafter referred to as “instant project implementation plan”), and the Plaintiff did not apply for parcelling-out during the period for application for parcelling-out.

C. On February 15, 2015, the Defendant passed a resolution on the instant management and disposition plan concerning the instant project (hereinafter “instant management and disposition plan”), and the Changwon Mayor approved and publicly notified the instant management and disposition plan on June 19, 2015.

(hereinafter “instant disposition”) D.

The Plaintiff filed a claim seeking revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission. However, on October 28, 2015, the Gyeongnam-do Administrative Appeals Commission dismissed the Plaintiff’s claim.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 through 10, 11, 13, and 16 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion of this case exists with the following defects, and its degree is serious and clear. As such, the Plaintiff’s assertion of this case is null and void.

A project implementer shall notify the owners of land, etc. of the outlined details of charges within 60 days from the date of public announcement of authorization for project implementation, and such details shall be specific to the extent that owners of land, etc. can determine profit and loss from the application for

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