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(영문) 대구지방법원 2017.08.30 2017구합21113

사업시행계획인가취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiffs are the owners of AI 102 apartment buildings located in the south of the ASEAN located in the east of the Daegu Suwon-gu AEin (hereinafter “instant apartment”) (hereinafter “instant apartment”).

B. Prior to the filing of the instant lawsuit, prior to the filing of the instant lawsuit, the owner of the instant apartment, who did not consent to the establishment of the association, and the owner of the neighboring site filed a lawsuit seeking revocation and invalidation confirmation of the same administrative disposition against the Defendants (Seoul District Court 2013Guhap1514). The details of the instant disposition were mainly referred to in the judgment of the Daegu High Court 2015Nu5314, the appellate court of the instant case.

1) Residents of the instant apartment are to remove the apartment and remove it (amended by Act No. 13508, Sept. 1, 2015; hereinafter “Urban Improvement Act”).

(2) A housing reconstruction project (hereinafter referred to as “instant project”)

In order to implement the AE apartment housing reconstruction project promotion committee (hereinafter “instant promotion committee”)

(2) On February 27, 2007, the instant promotion committee was organized. The instant promotion committee was approved by the head of Suwon-si to form the promotion committee. (2) The instant promotion committee prepared written consent for the establishment of the association from the owner of the instant apartment building’s land, etc. (the main contents are as follows; hereinafter “instant consent”). On December 2, 2012, the committee held an inaugural general meeting and passed a resolution for the establishment of the Defendant association, and applied for the establishment of the Defendant association to the head of Suwon-si on December 10, 2012.

On December 31, 2012, the head of Suwon District Office (hereinafter referred to as the “instant disposition of approving the establishment of a housing reconstruction project association”) under Article 16 of the Urban Improvement Act for the instant promotion committee on December 31, 2012

1. Details of establishment of the association and maintenance projects, and those of paragraph (2);