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(영문) 창원지방법원 2015.04.14 2014구합890
관리처분계획 취소
Text

1. Each of the plaintiffs' lawsuits except the plaintiffs B, C, D, E, F, G, H, and I shall be dismissed.

2. Plaintiffs B, C, D, E, F, G, H.

Reasons

1. Details of the disposition;

A. On January 10, 201, the Defendant is a housing redevelopment and rearrangement project association that obtained authorization to establish an association from the original market on January 10, 201 to carry out a housing redevelopment project with the J members of Changwon-si, Changwon-si as the project area (hereinafter “instant project”). The Plaintiffs are land owners within the project area, etc.

B. On August 2, 2006, the Simsan City (which was integrated into the Simsan City on July 1, 2010) deemed that there was 303 consent (54.79%) among 553 owners of the land, etc. in the above area, etc., the Simsan-si (the administrative district at that time was referred to as the “Masan-si”) was a planned project implementation district with the area of 70,517 square meters of the land site in the Simsan-si (the administrative district at that time was referred to as the “Masan-si”), and made an organization approval disposition (hereinafter referred to as the “instant organization approval disposition”) with respect to the establishment promotion committee on the instant project (hereinafter referred to as the “instant committee”).

C. While the promotion committee has promoted the project in this case without designation of the urban and residential environment improvement plan or maintenance plan and improvement zone, Msan City established a housing redevelopment improvement plan and size of the project in this case as "J. 7.1 p.m., Changwon-si, Masan City, J. 7, 2008, and conducted a public inspection for residents during the improvement plan from July 7, 2008 to July 21, 2008, and on April 8, 2010, Masan-si designated and publicly announced the above zone as an improvement zone.

The promotion committee of this case applied for authorization to establish a housing redevelopment project, and on January 10, 201, the Changwon mayor recognized 425 consent (76.44% consent) from among 556 land owners on January 10, 201, and issued a disposition to authorize the establishment of the association (hereinafter “instant disposition to authorize the establishment of the association”).

E. On September 10, 2012, the Defendant had gone through a general assembly to apply for authorization of a project implementation plan concerning the instant project (hereinafter “instant project implementation plan”) and from the original market on January 18, 2013.

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