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(영문) 부산고등법원 2016.08.12 2016누18
사업시행계획변경 취소 등
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs following the filing of an appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The Defendant Cooperative is the Housing Redevelopment Project Association established to implement a housing redevelopment project within the area of 165,070 square meters in Nam-gu, Busan. The Plaintiffs are the owners of the land within the instant project area.

B. On June 15, 2005, the Busan Metropolitan City Mayor publicly announced the designation of the rearrangement zone in relation to the instant project zone as C publicly announced by Busan Metropolitan City on June 15, 2005. (2) The Defendant Union obtained the authorization of establishment from the head of the Defendant on November 16, 2005. At the time, the design outline based on the consent to establish the association was 2,823 households, and the project cost was 5,087 billion won.

3) On August 16, 2007, the Defendant Union obtained the approval of the project implementation plan (hereinafter “the first project implementation plan”) from the head of the Gu, and on August 22, 2007, the project implementation plan was publicly announced as D public notification of Nam-gu Busan Metropolitan City on August 22, 2007. 4) The Defendant Union notified the members of the association of the arithmetic average of the appraised values as of the approval date of the first project implementation plan by the dialogue appraisal corporation and the light-day appraisal corporation as the appraised value of the previous assets on July 16, 2009, and obtained the approval of the management and disposal plan (hereinafter “the first management and disposal plan”) from the head of the Defendant on May 10,

5) On December 18, 2009, some members filed a lawsuit against the defendant association seeking the invalidation of the initial project implementation plan and the cancellation of the initial management and disposal plan (Seoul District Court 2009Guhap6071). The above court on May 13, 201, 201, “In the case of the initial project implementation plan, the consent for the project implementation drafted before and after the establishment of the defendant association's promotion committee cannot be seen as legitimate consent, and it becomes null and void due to a quorum, and even if the project contents were substantially modified even with legitimate consent, the agreement on the project implementation drafted before and after the establishment of the defendant association's promotion committee was not deemed as legitimate

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