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(영문) 부산지방법원 2014.11.13 2014구합1902
준공인가취소등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.

Reasons

1. Basic facts

A. On June 13, 2007, the Mayor of Busan Metropolitan City designated 40,840 square meters in Busan Metropolitan City as D Housing Redevelopment Improvement Zone (hereinafter “instant rearrangement Zone”) by announcement E in Busan Metropolitan City.

[Post, the area of the above rearrangement zone was changed to 40,959 square meters due to the correction of error based on the cadastral survey on August 6, 2008. However, on November 10, 2010, it was finally changed to 40,996 square meters on the ground of the error in the area on the public register of some parcels (G).

On January 10, 2006, the establishment promotion committee of the D Housing Redevelopment Project Cooperatives approved by the head of the Gu on August 3, 2007 is the Housing Redevelopment Project Association established on August 28, 2007 with the approval of the establishment from the head of the Gu on August 28, 2007.

C. On November 4, 2009, the head of the Si/Gun/Gu approved and publicly announced a project implementation plan for the D Housing Redevelopment Improvement Project (hereinafter “instant rearrangement project”) of the Defendant Cooperative, and approved and publicly announced the management and disposal plan on April 22, 201.

Since then, the Defendant Union continued the instant rearrangement project on May 27, 2014, and the head of the Gu (hereinafter “Urban Improvement Act”) granted authorization for the completion of the instant rearrangement project pursuant to Article 52(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and publicly notified the completion thereof as HH on June 4, 2014, and I apartments completed as the instant rearrangement project began to move into on May 31, 2014.

E. The progress of the lawsuit filed by the plaintiffs (including only a part of the plaintiffs and the designated parties against the defendant association, etc.) against the defendant association, etc. in relation to the instant improvement project is as follows.

1) On June 23, 2010, Plaintiff A and 11 were involved in the Defendant’s head of the Gu (after that, the Defendant Union participated in the Defendant’s head of the Gu.

A lawsuit seeking confirmation of the establishment of a defendant association.

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