매몰비용분담대상 조합원확인 청구의 소
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 26, 2010, the Plaintiff is a Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association established with authorization for the establishment of the head of Seongbuk-gu Seoul Metropolitan Government Office on May 26, 2010, and the Defendants are the owners of land, etc. in the instant improvement zone and are the Plaintiff’s members.
제4호 안건 정비구역 해제 동의 조합원 매몰비용 분담 결의의 건 ◇ 제안 사유 도시 및 주거환경정비법 제4조의3 제4항 및 서울특별시 도시 및 주거환경 정비조례 제4조의3 제3항 제4호에 따라 위와 같이 정비구역등의 해제에 동의에 따라 직권해제 될 경우 서울시의 정비구역 직권해제에 따른 조합 해산시 발생하는 매몰비용을 ‘정비구역 등의 해제에 동의한 조합원’이 분담하도록 결의하는 것임. 나.
Plaintiff
Article 4-3 (4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 4-3 (3) 3 (b) and 4 of the Seoul Special Metropolitan City Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Ordinance No. 6303, Jul. 14, 2016; hereinafter “Urban Improvement Ordinance”) confirmed that some members requested the cancellation of designation of a rearrangement zone under Article 4-3 (3) 3 (b) and 4, and decided on the following agenda at the Plaintiff’s general meeting of members on July
(hereinafter “instant resolution”). C.
On the other hand, on May 24, 2017, after the filing of the instant lawsuit, the Mayor of Seongbuk-gu Seoul Metropolitan Government notified the head of Seongbuk-gu Seoul Metropolitan Government Office of the purport that he/she will not proceed with a residents’ opinion survey, which is a follow-up procedure for cancelling the rearrangement zone, on the ground that “It is difficult to recognize the feasibility of cancelling the rearrangement zone, since he/she satisfies the requirements for consent
Related Acts and subordinate statutes shall be as shown in the attached Form.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 17, and the purport of the whole pleadings.