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(영문) 부산지방법원 2015.11.20 2014구합3694
수용재결취소등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Basic facts

A. The Intervenor joining the Intervenor (hereinafter “ Intervenor Union”) is a housing redevelopment and rearrangement project association established to implement a housing redevelopment project within the area of 165,070 square meters (hereinafter “instant project area”) in Nam-gu, Busan. The Plaintiffs are owners of land, etc. in the instant project area, and the Defendant rendered a ruling of acceptance upon the Intervenor Union’s application for a ruling of acceptance.

B. Designation of the rearrangement zone, the first project implementation plan, the management and disposal plan, and litigation related thereto 1) The Mayor of Busan Metropolitan City publicly notified on June 15, 2005, shall designate the rearrangement zone for the project area of this case as C (hereinafter “designation of the rearrangement zone of this case”).

(2) On November 16, 2005, the Intervenor Union was authorized by the head of the Nam-gu Busan Metropolitan City (hereinafter “the head of the Nam-gu”) on November 16, 2005. A design outline pursuant to the consent to establish the association was 2,823 households, and project cost was 5,087 billion won.

3) On August 16, 2007, the Intervenor Union is the first project implementation plan (hereinafter referred to as the “first project implementation plan”).

(4) On July 16, 2009, the intervenor association notified the members of the dialogue appraisal corporation and the ordinary appraisal corporation as the appraised value of the previous assets on the basis of the approval date of the initial project implementation plan, and obtained the approval of the management and disposal plan (hereinafter “the first management and disposal plan”) from the South-gu Office on May 10, 2010 through the public announcement of sale and the procedure for application for parcelling-out.

5) On December 18, 2009, some members filed a lawsuit against the intervenor association seeking invalidation of the initial project implementation plan and cancellation of the initial management and disposal plan (Seoul District Court 2009Guhap6071). The above court on May 13, 201, “In the case of the initial project implementation plan, the intervenor association's promotion committee was established before and after the establishment of the intervenor association.”

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