2. The costs of the lawsuit are assessed against the Plaintiffs, including the costs incurred by the supplementary participation.

A. Summary of the instant project

1) Business contents: Housing redevelopment and rearrangement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”).

2) Rearrangement zone: Seongbuk-gu Seoul ( Address 1 omitted) daily 68,339 square meters.

3) Designation of a rearrangement zone: Notice No. 2008-284 of August 21, 2008

B. Status of the plaintiffs

Land owners, etc. in the instant improvement zone.

C. Disposition to authorize the establishment of the Intervenor’s partnership (hereinafter “instant disposition”).

1) Inaugural general meeting: Resolution on September 11, 2008, including its articles of association and its business plan.

2) Consent letter for authorization to establish an association: 580 persons with the consent of 451 persons (7.75%).

(3) Application for authorization of establishment: November 11, 2008

4) Disposition for authorization to establish an intervenor association: May 12, 2009

D. Details of written consent to establish an association (hereinafter “instant written consent”)

3. Consent to details of partnership facilities and improvement projects;

(a) Outline of the design of the new building;

Residential living facilities and ancillary and welfare facilities of a building site area (including rental housing) included in the main sentence, the total floor area of which is 68,39 square meters or 140,927 square meters and 827 square meters of multi-family housing (including rental housing)

(b) Estimated amount of expenses for removal of buildings and new construction (one million won);

3,900 170,521 34,104 208,525

* Sees the estimated amount of the cost of removal and construction of buildings in the neighboring area, and is changed according to the future conditions of authorization, permission and project implementation.

(c) Sharing of expenses under paragraph (2);

(1) impose and collect expenses in accordance with the articles of incorporation of the partnership, and make a provisional settlement at the time of management and disposal, and make a final settlement at the time of liquidation of the partnership

(2) To evaluate the value of assets owned by members as prescribed by the articles of association and to equally bear and distribute expenses and profits in accordance with the standards for administration and disposal prescribed by the articles of association in accordance with the principle of equity.

(3) The costs of construction and all related expenses for projects to be paid to the contractor shall be preferentially appropriated for the general revenues of housing and accessory and welfare facilities and the shares of association members resolved or written consent from the General Meeting of Association members, and shall be fairly apportioned in accordance with the articles of association and the standards for management and disposal

Where the contributions are determined by appraising and assessing the present land and buildings within the main sentence - the total amount of sales revenue - total expenses (construction expenses and total project expenses) x 100 ------------------------------------- the total amount of sales value and the shares of members of the land and buildings owned by the entire members in the project zone / the amount of sales in lots - the shares of the association members in the rights of the association members and the shares of the association members / the amount of sales in lots - the amount of sales in lots - the shares of the association members in the rights of the association members and the shares of the association members 】 the amount of sales in lots - the amount of proportional ratio and the shares of the association members x the amount of sales in lots x the amount of sales in lots x the

(d) Matters concerning the allotment of sectional ownership of the newly constructed building;

(1) The standards for administration and disposal of the articles of association of the association shall apply, and the number of decisions shall be determined by computer lottery pursuant to the provisions of Article 53 of the articles of association of the association: Provided, That if there exists competition, it shall be done

(2) The size of housing units, etc. to be sold after the implementation of the project shall be based on the sale area (exclusive + public area), and the site shall be co-owned shares in proportion to the size and expenses of housing units sold in lots.

(3) Welfare facilities including remaining houses and commercial buildings remaining after the preferential sale to partners are sold to the general public as stipulated by the relevant statutes and the articles of association.

(4) Land shall be registered after the completion of the project, and the building shall be registered for each conservation of the occupants.

6. Consent to business plans;

I agree to implement the housing redevelopment improvement project, such as the project plan (a proposal) prepared by the Promotion Committee for the Establishment of Housing Redevelopment and Improvement Projects in Zone Three of Seongbuk-gu, and the project plan (a proposal).

(e) A project plan of an intervenor;

In the intervenor's business plan (draft) in which the landowners have agreed to prepare a written consent for the establishment of the association, the size of the site, building area, and the total floor area of each facility, such as apartment, the number and proportion of household units by square, building-to-land ratio and floor area ratio, landscaping area and number of parking spaces shall be stated, and the outlines of area by facility and the size by square

【Ground of recognition】 Evidence 1, 5, 6, Evidence 9-1, evidence 30, evidence 1, 4, and the purport of the whole pleadings.

2. Determination on this safety defense

A. The defendant's assertion

Since the disposition of authorization for establishment of a housing redevelopment project association under the Act is merely a supplement to the act of establishing a partnership, which is its basic act, and its legal validity is completed, the lawsuit of this case seeking nullification or revocation of the disposition of authorization for establishment of a partnership by asserting defects in the method and contents of written consent as to the establishment of a partnership, which is one of the act of establishing a partnership

B. Determination

A housing redevelopment improvement project association prescribed by the Act shall be established as a juristic person after completing the requirements and procedures prescribed by the relevant Acts and subordinate statutes, such as obtaining consent to establish an association from the owners of land and buildings in a rearrangement zone and obtaining approval for establishment from the competent administrative agency (Articles 16(1) and (5), and 18 of the Act). In addition, under the supervision of the competent administrative agency, an association established following such procedures shall have the status as an administrative agent performing certain administrative actions within the rearrangement zone within the scope of the purpose of implementing a housing redevelopment project prescribed by

Therefore, an administrative agency’s disposition of authorization to establish a partnership based on relevant laws, such as law, does not merely have the nature as a supplementary act against establishing an association by private persons, but also has the nature of an authoritative disposition that grants the status as an administrative body with authority to implement a housing redevelopment improvement project as prescribed by law if the legal requirements are met. As such, as long as such, consent to establish a partnership is merely one of the requirements necessary to take an administrative disposition such as the disposition of authorization to establish an association. As such, if there is a defect in the consent to establish an association, the owner of land, etc. in a rearrangement zone can seek cancellation or nullification of the disposition of authorization to establish a partnership by an administrative litigation directly on the ground of the defect (see Supreme Court Decision 2008Da60568, Sept. 24, 2009

Therefore, the defendant's main defense is without merit.

3. Whether the disposition is lawful;

A. The plaintiffs' assertion

The instant disposition is void or illegal for the following reasons.

1) First, the instant written consent does not clearly stipulate the outline of the design of the building to be constructed, the total cost required for the removal and new construction of the building, the cost sharing, and the matters concerning the ownership attribution after the completion of the project, and thus, it cannot be deemed that the owner of the land, etc. in the rearrangement zone has provided basic knowledge as to the ownership of a building of a certain scale among the newly constructed buildings by inserting expenses to a certain extent. Thus, the establishment of the association with such written consent is null and void.

2) Second, the non-party 1 and the non-party 5, who, as the owner of an unauthorized building, did not have any evidence that it was constructed prior to April 8, 1982, such as the aerial photography or the property tax payment ledger, etc., which was recorded first in the Seoul Special Metropolitan City Ordinance on the Improvement of Urban and Residential Environments, should be excluded from the number of consenters. The non-party 5, such as the non-party 6, 7, 8, 9, 10 (or plaintiff 44 in the judgment of appeal) who owns the land or building in the rearrangement zone, shall be included in the total number of landowners of the land, etc.; and the non-party 15 including the non-party 11, etc., were issued one year prior to demanding the consent of this case. Accordingly, considering the above number of persons, the ratio of consent to the establishment of the intervenor association was 74.83% (49/4600) (75%) of the necessary ratio of establishment of the association (75%).

B. Determination

1) As to the first argument

According to Article 26(1) of the Enforcement Decree of the Act (amended by Presidential Decree No. 21171 of Dec. 17, 2008), the consent to establish a redevelopment association provides that the consent for the establishment of the redevelopment association shall be obtained with the consent of the parties stating the outline of design of the building to be constructed on 1. 2. Total amount of expenses to be incurred in removing and constructing the building, 3. 2. 2. 4. 4. 4. 4. ownership after completion of the project (where the outline of design is changed, including the guidelines for apportionment of expenses), 5. 5. 5. 5. Matters concerning the estimated amount of the redevelopment cost and the cost-sharing cost-sharing are to be decided by the parties having sectional ownership to choose whether to establish the redevelopment association at the time of the establishment of the association. However, the method of determination is sufficient to establish the apportionment or standard to the extent that it does not again reach an agreement on the cost-sharing at the stage of the redevelopment (see, e.g., Supreme Court Decision 2005Da65656. 256.).

As seen in the background of the above disposition, in full view of the following circumstances: (a) the Intervenor’s association collected the instant written consent and obtained consent from each sectional owner; (b) the written consent form of this case and the details of the Articles of the Intervenor’s association’s articles of association submitted by the Intervenor association; and (c) the redevelopment is not easy to unify opinions by crossing various interests; and (d) the implementation plan is revised or more concrete in the process of its implementation; and (b) the Intervenor association’s establishment of the Intervenor association: (a) the instant written consent is effective to provide for matters concerning “the outline of the construction of the building; (b) the outline of the construction; (c) the cost required for the removal and construction of the building; (d) the cost sharing standards; and (e) the matters concerning ownership after completion of the project; and (e) the establishment of the Intervenor association.”

2) As to the second argument

Secondly, according to the health stand, Article 17 of the Act, Article 28 of the Enforcement Decree of the Act, etc., as to the assertion in paragraph (3) of this Article, when the promotion committee has submitted a written consent to establish an association from the owners of land, etc., it is required to use the written consent using the certificate of seal imprint and attach the certificate of seal imprint. However, there is no particular provision regarding the timing for issuing the certificate of seal imprint. Therefore, even if the timing for issuing the certificate of seal imprint attached to the written consent of the establishment of the association by Nonparty 11, etc. is different from the time for submitting

As such, insofar as the consent of the above 15 members of the association is not null and void, even if the consent of the remaining persons asserted by the plaintiffs is null and void, there is a consent of at least 75% of the land owners regarding the establishment of the intervenor association (76.75% =49/585). Thus, the disposition of this case cannot be deemed null and void or illegal.

4. Conclusion

Thus, the primary and conjunctive claims of the plaintiffs are dismissed as they are without merit.

[Attachment]

Judges Lee Jong-hee (Presiding Judge) et al.