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(영문) 부산지방법원 2014.07.24 2012구합5573
재결무효확인의소
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. In order to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant association is a housing redevelopment improvement project partnership with the approval of establishment from the head of Dong-gu Busan Metropolitan City (hereinafter “Dong-gu”) on August 22, 2005, and the Plaintiff, etc. is members of the Defendant association as each owner of the land and buildings listed in the attached list of real estate located within the instant improvement project zone (hereinafter “each of the instant real estate”). Defendant Busan Metropolitan City Local Land Expropriation Committee is a ruling of expropriation of each of the instant real estate.

B. On July 10, 2006, the Defendant Mutual Association established a project implementation plan for the instant rearrangement project (hereinafter “the first project implementation plan”), which was approved by the head of the Dong on July 10, 2006, and held a special general meeting on September 7, 2007 after the application period for parcelling-out from August 7, 2006, and made an application for approval of the management and disposition plan (hereinafter “the first project management and disposition plan”) with the consent of 313 members of the total number of 743 members present, and the head of the Dong Mutual Association authorized the said management and disposition plan on February 4, 2008 and announced it on February 13, 2008.

B. On the other hand, some of the members of the defendant union filed a lawsuit seeking the revocation of the first management and disposition plan as Busan District Court 2008Guhap2027, but was sentenced to the ruling of dismissal on June 12, 2009.

Accordingly, the above members filed an appeal with Busan High Court 2009Nu3828 and filed a claim seeking confirmation of invalidity of the first management and disposal plan.

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