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1. Revocation of the first instance judgment.
2. Zone B housing reconstruction rearrangement project performed by the Defendant on July 3, 2017.
Reasons
1. The following facts, including the details of the disposition, do not conflict between the parties or may be acknowledged by taking into account the whole purport of the pleadings in each description or image of Gap evidence (including a serial number; hereinafter the same shall apply) or evidence set forth in Gap evidence set forth in subparagraphs 1, 3, 4, 12, 14, and Eul evidence set forth in subparagraphs 1 through 4:
On April 12, 2017, the Mayor of Busan Metropolitan City publicly announced C in Busan Metropolitan City, which designates the 33,794 square meters of Do, Busan Metropolitan City ADdong (hereinafter referred to as "ADdong") as a housing reconstruction improvement zone (hereinafter referred to as "instant improvement zone"), and publicly announced the designation of B-Housing Reconstruction Improvement Zone and the improvement plan.
B. Within the instant rearrangement zone, ① among the 16 units of I apartment (W through AC Dong; hereinafter “instant apartment”) and J apartment 14 units of J apartment (K through AE Dong, D major 7,62.7 square meters, E,62.7 square meters, E,671 square meters, F, 5,151 square meters, G major 6,277.2 square meters, H major 1,673 square meters, 26,435.3 square meters, and ② The aggregate of 26,473 square meters and 26,435.3 square meters, which are land located within the area other than the instant apartment complex, and the land located within the area other than the instant apartment complex, including O large 894.2 square meters, 1,200 square meters, 1,200 square meters, 894.2 square meters, total 3,2235 square meters, 212.12 square meters, and 274 square meters, etc. (hereinafter “road reconstruction”).
C. On June 9, 2017, the Committee for Promotion of Establishment of Housing Reconstruction Projects in Zone B held an inaugural general meeting to establish the association articles, and applied for authorization to establish the association by submitting a written consent to establish the promotion committee and a written consent to establish the association from the owners of land, etc. to the Defendant.
On July 3, 2017, the Defendant: (a) determined that the requirements for the consent rate under Article 16(2) and (3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) were met on July 3, 2017; and (b) determined that the instant rearrangement zone is a project zone.