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(영문) 서울행정법원 2017.07.14 2016구합77759

조합설립변경인가처분무효확인

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1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. On the ground outside Seoul Special Metropolitan City, Nowon-gu and seven lots (hereinafter “instant land”), apartment and commercial buildings with 611 households (hereinafter “instant apartment buildings”) and apartment houses with 28 households (including two households per unit; hereinafter “instant apartment houses”) are built.

The Plaintiffs shared the instant land with the sectional owners of the instant apartment as the sectional owners of the instant apartment house.

B. On February 5, 2005, the Mayor of Seoul Special Metropolitan City (hereinafter referred to as the “Seoul Special Metropolitan City Mayor”) designated the size of 62,213 square meters, including the instant land, as a housing reconstruction improvement zone.

C. The A Apartment Rebuilding Promotion Committee (hereinafter “Promotion Committee”) was established and it was difficult to obtain the consent of the owners of the instant apartment houses while establishing the association, and filed a claim for subdivision against the owner of the instant apartment houses in Seoul Northern District Court on January 2, 2007.

On January 31, 2007, a promotion committee was authorized to establish an association by the defendant.

On February 5, 2008, the Mayor of Seoul Special Metropolitan City changed the total of 66,434 square meters including the place of incorporation into the surrounding area except the area of 8,99.76 square meters in the previous rearrangement zone.

The Seoul Northern District Court rendered a dismissal judgment on August 28, 2009 on the ground that the lawsuit of partition of co-litigation instituted by the promotion committee was indispensable co-litigation, but the lawsuit was not instituted against all co-owners. The judgment was finalized on September 19, 2009.

E. Upon amendment of Article 16(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on December 21, 2007, where the number of households for each apartment building does not exceed five, the establishment of an association was possible even if the number of sectional owners for each apartment building fails to meet the requirements for the consent by each apartment building. On March 28, 2013, the Mayor of Seoul Special Metropolitan City changed the rearrangement zone, including the size of 8,99.76 square meters of the instant apartment site (hereinafter “instant rearrangement zone”), and the Intervenor joining the Defendant, this.