logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.18 2015구합24483
손실보상금 증액 등
Text

1. The Defendant: (a) KRW 31,785,580 to Plaintiff A; (b) KRW 21,206,110 to Plaintiff B; and (c) from October 14, 2014 to August 14, 2016 to each of them.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment Project Association established to implement a housing redevelopment project within 164,325,01 square meters in Nam-gu, Busan Metropolitan City (165.00 square meters in the area of the zone at the time of the establishment authorization for the association or the first project implementation area; hereinafter “instant project area”) and the Plaintiffs are the owners of the land, etc. in 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 E public notice of Nam-gu Busan Metropolitan City 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 invalid if it is excluded from the above consent, and even if the above consent is deemed as a valid consent, even if the project is deemed as a valid consent, the initial project implementation plan is invalid because it does not meet the requirements for consent, and accordingly, the initial management and disposal plan is also null and void.”

The defendant appealed against the above judgment (the Busan High Court 201Nu2040), but November 9, 201.

arrow