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(영문) 부산지방법원 2019.04.19 2018구합24781
관리처분계획인가처분무효확인등
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of the lawsuit shall include the costs resulting from the participation.

Reasons

Basic Facts

The Intervenor joining the Intervenor following the management and disposal plan for the Intervenor joining the Intervenor is a housing reconstruction and rearrangement project partnership (hereinafter “participating association”) which obtained authorization from the Defendant on November 6, 2013 for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) for the Southern-gu E (hereinafter “instant rearrangement zone”) in Busan-gu, Busan-gu, and the Plaintiffs are members of the Intervenor association who own apartment units within the instant project zone.

The Intervenor Union applied to the Defendant for the approval of the project implementation plan with the project cost of KRW 350,00,000,000, as stated in the attached Form 1, as stated in the “Fund Plan (estimated Amount)”, and the Defendant approved the project implementation plan on August 21, 2017 (hereinafter “instant project implementation plan”), and announced it to the Busan Metropolitan City Southern-gu public notice on August 23, 2017.

The Intervenor Union established a management and disposition plan concerning multi-family housing scheduled to be newly built in the instant rearrangement zone after receiving an application for parcelling-out from September 21, 2017 to October 23, 2017. On April 8, 2018, the Intervenor Union opened an ordinary general meeting of the members to approve the management and disposition plan and proposed the “approval of the management and disposition plan (draft) and the conclusion of the contract” to “assign 725, 47, and 64, respectively, among the total members of the 985 association.”

On April 30, 2018, the Intervenor Union filed an application with the Defendant for the approval of the management and disposal plan with the amount of KRW 413,815,378,000, as stated in attached Form 2, “the estimated cost for the rearrangement project and the amount and timing of the partner’s burden,” and the Defendant approved the management and disposal plan on June 21, 2018 (hereinafter referred to as the “instant management and disposal plan”) and publicly notified it to the Nam-gu Busan Metropolitan City public notice.

(hereinafter referred to as “instant authorization disposition.” The Intervenor Union held an extraordinary general meeting on November 6, 2018 and resolved on the matters concerning the guarantee of the Housing and Urban Guarantee Corporation and the loans of financial institutions to its members.

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