조합설립인가무효처분취소
1. The defendant's act on May 13, 2019 against the head of Eunpyeong-gu Seoul Metropolitan Government on the head of Eunpyeong-gu Seoul Metropolitan Government on November 30, 2018.
(a) recognize (a) after issuing written consent to establish an association with the following contents to the owners of land, etc., have obtained their signatures and requisitioned them:
423 households with a total floor area of 25,692 square meters and 72,660.4 square meters and less than 15 square meters (average 13 square meters) of the total floor area of a site (public injury area) in the design opening area of a new building;
(b) 114,854,560,00 won in total of the expenses for new construction of new construction of new construction and other project costs by estimate of building removal and new construction costs 1,895,743,00 won 89,519,905,00 won in total of 25,334,65,00 won in total; and
(c) 1) Allocation of expenses under item (b) shall be imposed and collected by the association’s articles of association, the provisional liquidation at the time of management and disposal, and the final determination of the liquidation amount at the time of liquidation of the association; and
3) Estimated amount of allotted charges by person subject to parcelling-out (e.g., method of calculating allotted charges by person subject to parcelling-out = Estimated amount of sites and buildings scheduled for parcelling-out - (price of previous land and buildings by person subject to parcelling-out x proportional rate) * (total revenue of sites and buildings after completion of the project - total project cost) / Total value of the previous land and buildings / Total value of the previous land and buildings - The written consent of the establishment of the association, which was drafted by the committee for promotion of this case from the owners of land, etc., shall be considered as a whole value of the previous land and buildings - The written consent of the establishment of the association, which was drafted by the committee for promotion of this case from the owners of land, etc., under Article 7(3
As seen earlier, the written consent of the establishment of an association states the estimated amount of expenses for removal of buildings and new construction, the method of sharing the above expenses, the method of calculating the estimated amount of charges by object of sale, and the method of calculating the proportional rate. Accordingly, the committee of promotion of this case is possible to the extent that it can obtain prior consent from the owners of land, etc. to establish an association in accordance with Article 16 (6) of the former Act and Article 27-2 of the former Enforcement Decree of the Urban Improvement Act.