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(영문) 서울고등법원 2016.03.18 2015나2034107

대여금

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. Defendant B, C, E, G, H, J, etc.: around June 2003, the aggregate of the size of the Nwon’s land, including the Jongno-gu Seoul Metropolitan L Land (hereinafter “A zone”) is 20,353.97 square meters (hereinafter “A zone”).

(1) The Defendant A District Development and Improvement Project Association Establishment Promotion Committee (hereinafter “Defendant A District Promotion Committee”) consisting of Defendant B as the chairman and the remainder as its members in order to establish a partnership implementing a housing redevelopment project under the Housing Redevelopment and Development Promotion Committee.

(2) Defendant B, etc. filed an application with the head of Jongno-gu Seoul Metropolitan Government (hereinafter “the head of Jongno-gu”) for approval of Defendant A district promotion committee with the consent of 99 owners, such as land, etc. of area A 20,353.97 square meters, among 189 owners, and the head of Jongno-gu Office approved it pursuant to Article 13(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392, Mar. 18, 2005) on August 3, 2004.

◆ 구 「도시 및 주거환경정비법」(2005. 3. 18. 법률 제7392호로 개정되기 전의 것) 제13조(조합의 설립 및 추진위원회의 구성) ① 시장ㆍ군수 또는 주택공사 등이 아닌 자가 정비사업을 시행하고자 하는 경우에는 토지등소유자로 구성된 조합을 설립하여야 한다.

(2) Where it is intended to establish an association pursuant to paragraph (1), the association establishment promotion committee (hereinafter referred to as the "promotion committee") shall be organized with 5 or more members including the chairman with the consent of 1/2 or more of the owners of lands, etc. and the approval of the head of Si/Gun shall be obtained.

B. The Plaintiff and Defendant A District Promotion Committee set forth in the following: (a) on June 30, 2003, leased the Plaintiff’s money to Defendant A District Promotion Committee for the promotion of housing redevelopment projects within the Defendant A District Promotion Committee; and (b) on June 30, 200, the Defendant A District Promotion Committee.