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(영문) 부산고등법원 2017.04.28 2015누20442
토지수용재결처분취소등
Text

1. The plaintiffs' appeal is dismissed.

2. The defendant B Housing Redevelopment Project Association added in the trial.

Reasons

1. Basic facts

A. Defendant B Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Cooperative”) is the executor of the B-area Housing Redevelopment and Rearrangement Project (hereinafter “instant project”) implemented in Busan Metropolitan Government Maritime Transport Daegu C, which was established on March 12, 2010 with the authorization of the establishment from the head of the Busan Metropolitan Government Maritime Transport Authority (hereinafter “the head of the Maritime Transport Authority”) on March 4, 2010.

The Plaintiffs were owners of land, obstacles, etc. within the business area of the instant business.

B. On July 30, 2011, the Defendant Union applied for the approval of the project implementation plan to the head of the Shipping Unit on December 8, 2011 with the consent of 149 owners of land, etc. from 229 owners of land, etc.

On May 7, 2012, the head of the Shipping Unit authorized the project implementation plan of the defendant's association (hereinafter "the project implementation plan of this case") and announced it on May 16, 2012 (Public Notice D of Busan Metropolitan City Maritime Daegu).

C. On September 9, 2012, the Defendant Union applied for a modified project implementation plan with the consent of 163 of 230 members for the “case of partial modification of the matters regarding the consent to the establishment of the association” with respect to the “case of partial modification of the matters regarding the consent to the establishment of the association” with the consent of 163 of 230 members, and with the consent of 164 of 230 members for the “case of modification of the project implementation plan” with respect to the “case of partial modification of the project implementation plan” with respect to the “case of modification of the project implementation plan” with respect to the “case of partial modification of the matters regarding the consent to the establishment of the association,” which includes the “case of modification

On October 25, 2012, the head of the Shipping Team approved the change of the project implementation plan of the Defendant Cooperative (hereinafter “the first project implementation plan”), and announced it on October 31, 2012 (the Busan Metropolitan City Maritime Daegu E).

On November 5, 2012, the Defendant Union received the application for parcelling-out from the members from November 5, 2012 to December 4, 2012.

Land and land within the instant project zone.

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