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(영문) 부산지방법원 2016.08.18 2015구합1947
손실보상금증액
Text

1. The defendant shall pay to the plaintiffs the amount of money stated in the attached Table 1’s attached Table 1 and its corresponding amount from December 9, 2014 to December 2016.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment project partnership established to implement a housing redevelopment project within 164,325,01 square meters in Nam-gu, Busan Metropolitan City (165.070 square meters in the area of the zone at the time when the establishment of the partnership is approved, and the first project implementation area is the same as the above; hereinafter “instant project zone”) and Plaintiff A, B, C, D, E, F, G, H, I, J, and network N are land owners within the instant project zone.

The deceased died on November 28, 2014, and the deceased’s heir was the Plaintiff K, K, P, and Q, the wife of the deceased, but Plaintiff K inherited the land, etc. in the present business area of the deceased by the agreement on the division of inherited property by the heir, following the agreement on the division of inherited property of the above heir.

(hereinafter referred to as "Plaintiff K", including parts concerning convenience network N and Plaintiff K.

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 R of Busan Metropolitan City public announcement 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 Office on May 10, 2010.

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). In the case of the first project implementation plan on May 13, 201, this court was submitted before and after the approval of the promotion committee, and the consent for the implementation of the project, which was drafted before and after the approval of the promotion committee, cannot be viewed as legitimate consent, and if the above consent is excluded, it cannot be viewed as a quorum, and even if the above consent is viewed as a valid consent, it is invalid.

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