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(영문) 부산지방법원 2018.11.09 2018구합938
관리처분계획변경절차등에의한아파트평형변경
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The defendant is a project implementer who has obtained authorization to establish an association on February 12, 2008 from the head of Busan Metropolitan City Office with respect to a housing redevelopment improvement project in the area of C, which is implemented in the area of 66,667 square meters of Busanjin-gu D, Busan Metropolitan City (hereinafter referred to as the "maintenance project in this case").

On May 27, 2009, the approval of the project implementation plan was publicly announced by the head of Busan Jin-gu on December 29, 2016 by the head of Busan Jin-gu with the approval of the project implementation plan was published on January 4, 2017.

The plaintiffs are co-owners who own 91/202 shares of 202 square meters in relation to 202 square meters in the project area of the instant improvement project, and each share of 83.58 square meters in the housing (three households) with the above land-ground cement brick structure, and 83.58 square meters in the 2nd floor, and 80.8 square meters in the 2nd floor, and are co-owners within the instant improvement project zone, and are co-owners and co-owners of the land in the instant improvement project zone, and are members of the defendant

(2) Article 46(1) of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Act No. 145679, Feb. 8, 2017; hereinafter “Urban Improvement Act”) and Article 47(1) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter “Enforcement Decree of the Urban Improvement Act”) to establish a management and disposal plan on March 3, 2017, which is after obtaining authorization for the implementation of the relevant improvement project, for the following reasons:

4. 5. Up to 5. The public announcement of the application for parcelling-out shall be published in an international newspaper, including the place for application for parcelling-out, and the system for application for parcelling-out, and the site subject to parcelling-out.

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