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(영문) 부산지방법원 2013.04.05 2012노2920
도시및주거환경정비법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to Article 48(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”), the main points of the grounds for appeal include that the formulation and alteration of a management and disposal plan shall be subject to the authorization of the head of Si/Gun. As such, a strict procedure is required not only to make a management and disposal plan but also to make a modification constitutes an administrative disposition to determine the ownership transfer to partners, etc. but also to determine matters concerning the reversion of rights and the burden of expenses. Accordingly, there is an existing management and disposal plan that has a great

Even if a new management and disposition plan to substantially alter the main part and obtain authorization from the head of a Si/Gun, the original management and disposition plan becomes void in principle. Thus, the court below erred by misapprehending the legal principles, in light of the following: (a) where the “establishment of a management and disposition plan” under Article 69(1)6 of the Do Government Act does not include the “establishment of a management and disposition plan;” and (b) where the same effect as the establishment of a new management and disposition plan takes place upon entrustment by an enterprise not registered with the competent authority; and (c) it cannot be punished as a violation of the Do administration and disposition plan even if the main part of the management and disposition plan is substantially modified; and (d) the “establishment of a management and disposition plan” under Article 69(1)6 of the Do administration and disposition plan should

2. The lower court’s judgment: (a) entrusted the establishment of a management and disposal plan by the D Housing Redevelopment Association; and (b) the Defendant was involved in the business of changing the management and disposal plan, which was established and approved by the Defendant.

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