조합설립인가거부처분취소
1. On December 3, 2015, the Defendant’s disposition rejecting an application for authorization to establish an association against the Plaintiff is revoked.
2. Of the costs of lawsuit.
Details of the disposition
On July 26, 2010, the Plaintiff: (a) held an inaugural general meeting on July 26, 2010; (b) filed an application for authorization for establishment with the Defendant on July 29, 2010, on the premise that the Defendant had obtained consent of 127 of the entire sectional owners of the housing complex within the project area (at a rate of 97.70%) among the 130 sectional owners of the entire housing complex; and (c) 196 of the owners of non-housing land, etc.
On August 6, 2010, the Defendant approved the Plaintiff on August 6, 2010, the establishment of the Housing Reconstruction Project Association, the business area of which is B, 34,142 square meters in Seoul Special Metropolitan City (hereinafter “instant rearrangement zone”).
(2) On September 28, 2010, the Plaintiff submitted to the Defendant a written consent to establish an association with three persons holding a housing complex sectional ownership and 11 owners of a non-housing complex, on September 28, 2010.
(C) On July 29, 2010 and September 28, 2010, the Plaintiff submitted a written consent to establish the association to the Defendant (hereinafter “former consent to establish the association”). On November 25, 2010, the Defendant consented on the Plaintiff on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”) under Article 16(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”). The ratio of consent by the owners of land, etc. necessary for establishing the association should be at least 75% divided into housing complexes and non-housing complexes, respectively. In determining the consent ratio, the consent ratio of 149 sectional owners of land in the housing complex falls under multi-family housing within the non-housing complex at the time of the instant approval disposition.
(hereinafter “instant cancellation disposition”). The previous union of this case is the case.