조합설립인가신청서반려통지취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Details of the disposition;
A. On October 10, 2013, the Plaintiff organized the Songpa-gu Seoul, D, E, F, G, H site and ground building owners, and applied for authorization to establish a regional housing association under Article 32 of the Housing Act (hereinafter “instant application”). On March 19, 2014, the Plaintiff filed an application with the Defendant for authorization to establish a regional housing association under Article 32 of the Housing Act (hereinafter “instant application”).
B. On April 2, 2014, the Defendant rendered a disposition rejecting the instant application on the ground that “the consent ratio of land use is less than 80%, does not meet the requirements of not less than 20 union members, and a person who is not qualified as union members attended and passed a resolution at the inaugural general meeting for the establishment of an association” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings
2. Whether the instant disposition is lawful
(a) as shown in the Attachment of the relevant statutes;
B. Determination 1) Article 32(1) of the former Housing Act (amended by Act No. 12646, May 21, 2014) provides that “where many constituent members intend to establish a housing association to acquire or remodel a house (excluding workplace housing association under paragraph (3)), they shall obtain authorization from the head of the competent Si/Gun/Gu.” Article 32(5) of the same Act provides that “The matters necessary for the method and procedure for establishing a housing association authorized pursuant to paragraph (1), the criteria for the qualification of constituent members of the housing association, the operation and management of the housing association, etc., and necessary matters for the procedures for reporting the establishment of workplace housing association under paragraph (3) shall be prescribed by Presidential Decree,” and Article 37(1) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 25381, Jun. 11, 2014; hereinafter “former Enforcement Decree of the Housing Act”).