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(영문) 부산지방법원 2018.02.07 2016나54824
부당이득금
Text

1. The motion for intervention of the defendant co-litigation brought in the trial shall be dismissed;

2. The defendant's appeal.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association which obtained an authorization for establishment from the head of Dong-gu Busan Metropolitan City (hereinafter “Dong-gu head of Dong-gu”) on August 22, 2005 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392, Jul. 13, 2005) with the area scheduled to implement 121,469.22 square meters in Busan Dong-gu, Busan Metropolitan City as a project implementation zone.

B. On July 10, 2006, the head of Dongdong-gu announced the project implementation authorization for the project of this case as the project implementer, and on July 19, 2006, the head of Dong-gu Busan Metropolitan City announced the project implementation authorization as E, and on February 4, 2008, the head of Dong-gu Busan Metropolitan City announced the approval of the management and disposal plan as the public notification of Dong-gu Busan Metropolitan City on February 13, 2008.

C. Some of the Plaintiff’s union members filed a lawsuit seeking the revocation of the above management and disposition plan as Busan District Court 2008Guhap2027, but on June 12, 2009, the decision of dismissal was rendered on June 12, 2009, and the above union members filed an appeal as Busan High Court 2009Nu3828 and filed a claim seeking confirmation of invalidity on June 11, 2010, the appellate court rendered a judgment that “the above management and disposition plan is null and void” on the ground that “the above management and disposition plan, which was established based on the illegal sale procedure without notifying the union members of the general details of the charges, is illegal.”

On November 5, 2010, some of the Plaintiff’s members filed a lawsuit seeking confirmation of invalidity of the original project implementation plan as Busan District Court 2009Guhap4822, and was sentenced by the above court on November 5, 2010 to the judgment that “the above project implementation plan is invalid.” The Plaintiff appealed as Busan High Court 2010Nu6465, but was sentenced to the judgment dismissing the appeal from the above court on October 26, 201, and again, the Plaintiff appealed as Supreme Court 201Du28509.

E. The plaintiff is above.

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