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(영문) 부산지방법원서부지원 2020.07.10 2019가단117192
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Defendant Cooperative is a housing redevelopment association with the approval of establishment on April 10, 2007 to implement housing redevelopment improvement projects in the Seo-gu Seoul Housing Redevelopment Improvement Zone (hereinafter “D Improvement Zone”), Seo-gu, Busan. The Plaintiff church is a religious organization that owned a total of 469 square meters of the three lots of land for the above redevelopment project, Seo-gu, Busan, F, and G Religious Site, and its ground church building.

B. On January 10, 2007, Busan Metropolitan City publicly announced the size of the above improvement zone as 49,080 square meters and the size of the religious facility site as 450 square meters, while designating and publicly announcing the improvement zone as an improvement zone pursuant to relevant Acts and subordinate statutes such as the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

After the Busan Metropolitan City announced the alteration of the rearrangement zone on March 12, 2008 according to the result of the survey of the urban planning line, the area of the rearrangement zone was changed to 49,149.9 square meters, and the size of the religious facility site was 472 square meters.

C. On July 20, 2012, the Defendant Union publicly announced the application for parcelling-out to cooperative members, and the content of the public announcement also included a notice stating the share of the site of a religious facility as 472 square meters, on the one hand, that “the above details shall be the standard for authorization for the implementation of a project (change) and may be changed during the next business

In addition, the Defendant Union notified the Plaintiff church of the total amount of KRW 523,174,00 for the value of the previous religious lot and its ground church building owned by the Plaintiff church on the same day, and notified the Defendant Union of the application for parcelling-out from July 23, 2012 to September 7, 2012 for the religious facility site to be sold by the Defendant Union.

On April 13, 2013, the defendant union held a "general meeting of the 2013 general meeting and the "general meeting of the change of management and disposal" and approved a management and disposal contract proposal which includes the following: the estimated value of the religious facility site scheduled to be sold shall be calculated to KRW 649,00,000; the size of the religious facility site may vary according to the confirmation survey at the time of completion, but no separate settlement shall be carried out accordingly."

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