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(영문) 부산지방법원 2016.08.11 2014구합3779
수용보상금 증액
Text

1. The defendant shall pay to the plaintiffs the amount of money stated in the attached Table 1. The attached Table 1. The defendant shall be from January 1, 2016 to January 1, 2016.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Rearrangement Project Association established to implement a housing redevelopment project within 164,325,01 square meters in Nam-gu, Busan (165.00 square meters in the area of the zone at the time of the establishment authorization of the association, and the first project implementation area is announced as the same as the above; hereinafter “instant project area”) and the Plaintiffs are the owners of the land within the instant project area.

B. On August 16, 2007, the defendant obtained approval of the project implementation plan (hereinafter referred to as "the first project implementation plan" and "authorization of the first project implementation plan") from the head of Nam-gu Busan Metropolitan City (hereinafter referred to as "the head of Nam-gu") on August 16, 2007, and the first project implementation plan was announced as theO of the Nam-gu Busan Metropolitan City public notice on August 22, 2007, and the defendant obtained approval of the management and disposition plan (hereinafter referred to as "the first management and disposition plan") from the head of Nam-gu, Busan Metropolitan City (hereinafter referred to as "the head of Nam-gu").

C. On December 18, 2009, some members filed a lawsuit against the Defendant seeking confirmation of invalidity of the initial project implementation plan and revocation of the initial management and disposal plan (this Court 2009Guhap6071). On May 13, 2011, this court rendered a favorable judgment against the above members on the ground that “in the case of the initial project implementation plan, consent for the implementation of the project proposed before and after the approval of the promotion committee cannot be viewed as legitimate consent, and the above consent cannot be viewed as null and void if it is excluded from the above consent. Even if the above consent is viewed as a valid consent, even if the project is deemed as a valid consent, the initial plan does not meet the requirements for consent, and thus the initial management and disposal plan is null and void, and the initial management and disposal plan is also null and void.”

The defendant's appeal against the above judgment shall be Busan High Court.

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