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(영문) 부산지방법원 2020.04.09 2019구합24795
관리처분계획무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 5, 2010, the Defendant, as a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), has implemented a housing reconstruction and improvement project (hereinafter “instant improvement project”) with respect to the area of 24,177 square meters (hereinafter “instant improvement zone”).

B. Plaintiff A owned each of the instant rearrangement zone E and 2 lots of land CB, and Plaintiff B’s same B, respectively, within the instant rearrangement zone. However, the Plaintiffs, as the Defendant’s members, filed an application for parcelling-out in the sale procedure of the instant rearrangement project.

C. After obtaining the authorization of a project implementation plan on September 1, 2015, the Defendant requested H and I to appraise the land and buildings in the instant improvement zone, and each appraisal corporation as of September 2, 2015, which was the date following the announcement date of authorization for the implementation of the project on September 2, 2015.

(hereinafter “instant appraisal”). D.

On December 29, 2015, the Defendant held a special general meeting and passed a resolution on the management and disposal plan formulated based on the status of application for parcelling-out and the results of the instant appraisal (hereinafter referred to as “instant management and disposal plan”), and the head of Si/Gun/Gu of Busan Metropolitan City approved the instant management and disposal plan on February 17, 2016 and announced it on February 24, 2016.

(J) Notice of Suwon-gu Busan Metropolitan City (J). e.

After obtaining authorization for the change of the area of an improvement zone on October 31, 2016 and December 8, 2016, the Defendant obtained authorization for the change of the management and disposal plan on December 12, 2016; and obtained the authorization for the completion of construction on December 10, 2016, after filing a report for the commencement of construction on December 10, 2016.

F. On November 25, 2019, the Plaintiffs filed the instant lawsuit seeking confirmation of invalidity of the instant management and disposition plan with the instant court, and sought suspension of the validity of the said management and disposition plan on December 5, 2019.

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