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(영문) 부산지방법원 2018.01.11 2017구합573
사업시행계획변경취소 등
Text

1. The plaintiff (Appointed)'s lawsuit against the defendants shall be dismissed in entirety.

2. The cost of the lawsuit is supported by the participation.

Reasons

1. Details of the disposition;

A. Defendant V Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Cooperatives”) is a housing redevelopment project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on April 28, 2006 with the W Day of Busan Dong-gu as the rearrangement zone and approved by the head of the Dong-gu Busan Metropolitan City (hereinafter “head of the Defendant”) from the head of the Dong-gu Busan Metropolitan City (hereinafter “head of the Defendant”) as the owner of the land in the above rearrangement zone. The housing redevelopment project association is a housing redevelopment project association, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties, and the Plaintiff’s supplementary intervenors (hereinafter “Plaintiffs, etc.”).

B. On May 12, 2010, the Defendant Union obtained the approval from the head of the Defendant’s head of the Si/Gun/Gu of the project implementation plan that sets the project implementation period as 48 months from the approval date of the project implementation plan (hereinafter referred to as “the first project implementation plan,” and the approval disposition was publicly notified on May 19, 2010.

C. On July 19, 2013, the Defendant Union obtained approval for the change of the project implementation plan from the head of the Defendant’s head of the Gu, and obtained approval for the change of the project implementation plan. On February 7, 2014, the Defendant Union passed a resolution for the change of the project implementation plan with the content of changing the existing construction plan and changing the project implementation period into four years from the approval date for the change of the project implementation plan. On August 29, 2014, the change of the project implementation plan was approved by the head of the Defendant’s head of the Si/Gun/Gu

Based on the project implementation plan revised as above, the defendant association conducted a new procedure for application for parcelling-out based on the period of application for parcelling-out from September 17, 2014 to October 16, 2014, and the plaintiffs et al. did not apply for parcelling-out.

E. On March 11, 2015, based on the current status of the application for parcelling-out as above, the Defendant Union passed a resolution on a management and disposal plan at an ordinary meeting on July 20, 2015, and was authorized by the head of the Defendant’s Gu on July 20, 2015, which was announced on July 29,

(f) Defendant Union.

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