조합설립인가무효확인등
1. The part of the claim to nullify the establishment of the association among the instant lawsuit is dismissed.
2. The plaintiff's remaining claims.
1. Details of the disposition;
A. On March 23, 2006, the Mayor of the Seoul Special Metropolitan City publicly announced a master plan for urban and residential environment improvement in the Seoul Special Metropolitan City, and publicly announced the 26,009m2 as the Eunpyeong-gu Seoul Metropolitan Government area to be rearranged (hereinafter “instant area to be rearranged”).
B. The Seoul Eunpyeong-gu Seoul Metropolitan Government Promotion Committee for the Establishment of the B Housing Reconstruction Improvement Project (hereinafter “instant Promotion Committee”) was established for the purpose of implementing the housing reconstruction improvement project (hereinafter “instant rearrangement project”) within the 23,260 square meters at the time of designating the rearrangement zone (hereinafter “instant rearrangement zone”) and was approved by the Defendant on December 29, 2006 (hereinafter “instant approval for establishment”).
C. At the time, the Defendant: 26 landowners in the instant rearrangement zone, 2 building owners, 190 housing and 190 landowners; 99 of the housing and 190 landowners (52.11%) consented to the establishment of the instant promotion committee, thereby satisfying the requirements for consent of a majority of the owners of lands, etc.
On June 18, 2012, the instant promotion committee obtained the consent of 140 (76.09%) out of 184 owners of land, etc. in the instant improvement zone (the total number of 160 housing and land owners, appurtenant welfare facilities, and 24 landowners) and applied for authorization of the Intervenor’s establishment pursuant to Article 16(2) and (3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”).
E. On July 20, 2012, the Defendant deemed that at least 3/4 of the owners of the land, etc. in the instant rearrangement zone, at least 186, and at least 2/3 of the area of land, at least 67.48%, agreed to the establishment of an intervenor, and that “it is below authorizing the establishment of an intervenor pursuant to Article 16 of the Urban Improvement Act on July 20, 2012.”