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(영문) 창원지방법원 2019.07.04 2018구합171

조합설립인가무효확인

Text

1. All of the actions of Plaintiff H and I shall be dismissed.

2. The claims of plaintiffs A, B, C, D, E, F, and G are all dismissed.

2...

Reasons

1. Details of disposition;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) was established in order to implement the Housing Redevelopment Improvement Project (hereinafter “instant project”) with the size of 56,368 square meters in Sinwon-si, Masan-si as the prospective project implementation area. The Plaintiffs are the owners of the land, etc. in the instant project area.

B. On January 16, 2008, the Intervenor, a telegraphic person, filed an application for authorization to establish an association with the Defendant on January 16, 2008, accompanied by a landowner’s consent to establish

C. On February 28, 2008, the Defendant approved the establishment of an intervenor as follows.

(hereinafter “instant disposition”). Meanwhile, Plaintiff H and I are members who consented to the establishment of the Intervenor.

J MNK (based on recognition), without dispute, Gap 1-9, Eul 1-2, the entire purport of the pleading

2. The place where the lawsuit of this case is legitimate

A. The defendant's defense and judgment prior to the merits of this case asserted that the project of this case had already entered the sale procedure, and thus, there is no interest in the lawsuit.

However, the mere fact that the sale procedure entered the sale procedure is impossible to restore the illegal state caused by the disposition of this case to the original state.

The defendant's prior defense on the merits is without merit.

B. The Intervenor asserts that there is no legal interest in seeking confirmation of the invalidity of the instant disposition, since the Intervenor’s defense and determination on the remainder of the Plaintiffs except Plaintiff 1 H and I, as a cash clearing agent, is proceeding with an increase in compensation against the Intervenor.

However, in order to prevent the implementation of the project in this case, the above plaintiffs, including land, who did not consent to the establishment of the intervenor, have a legal interest in seeking confirmation of invalidity of the disposition in this case

Since the above plaintiffs can file a lawsuit seeking the increase of compensation against the intervenor in preparation for the case of loss in the lawsuit of this case, the above plaintiffs merely because they are alleged in the intervenor.