주택재개발정비사업조합해산신청거부처분취소및조합설립인가취소청구
1. The part of the plaintiffs' lawsuit seeking revocation of the authorization of establishment of the CHousing Redevelopment Project Association shall be dismissed.
2...
1. Details of the disposition;
A. The association of this case is the Housing Redevelopment Improvement Project Association established on March 27, 2009 after obtaining authorization to establish an association from the defendant on March 27, 2009 to implement a housing redevelopment improvement project in Seodaemun-gu Seoul Metropolitan Government 120,055 square meters (hereinafter "the rearrangement zone of this case"), and the plaintiffs are the members of the association of this case.
B. On January 29, 2016, pursuant to Article 16-2(1)2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 28 of the Enforcement Decree of the same Act and Article 16-2(1)2 of the Enforcement Decree of the same Act, the Plaintiffs filed an application with the Defendant for dissolution of the instant association accompanied by 621 cases of written consent to dissolution of the instant association, excluding 68 persons whose whereabouts are unknown from among 1,261 owners of land, etc. in the instant rearrangement zone,
C. On March 11, 2016, the Defendant rendered a rejection disposition (hereinafter “instant disposition”) on the ground that the consent of more than a majority of the owners of land, etc. in the instant improvement zone was satisfied, based on the calculation of the consent rate as follows.
The number of cases of owners of lands, etc.: 1,260 - 22 persons whose whereabouts are known among the owners of lands, etc. - 1,299 - 14 owners of unauthorized buildings, and 621 additional cases of written consent for dissolution of partnership: 66 cases (including 47 cases of written consent for dissolution of partnership prepared by the pre-owner): 57 cases of revocation of dissolution: 152 cases of withdrawal of dissolution: 103 cases of final consent for dissolution (= -) 49 cases of dissolution: 508 cases of : 40.31% (=508 / 260 cases) : 66 cases of written consent for dissolution: 66 cases of revocation of dissolution: 557 cases and the total number of cases of withdrawal of dissolution: 152 cases of : 103 cases of final consent for dissolution (= 49 cases): 508 cases of : 508 cases/1,260 cases)
2. The plaintiffs' assertion.