주택재건축정비사업조합 설립변경인가처분취소 청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of the lawsuit shall include costs resulting from the participation.
1. Details of the disposition;
A. On August 21, 1976, the Mayor of Seocho-gu Seoul Metropolitan Government establishes the apartment zone development master plan (hereinafter “the apartment zone in this case”) pursuant to Article 20 of the Housing Construction Promotion Act (amended by Act No. 3398, Dec. 4, 1987) with respect to the area of 5,580,000 square meters in Seoul, Seocho-gu, Seoul, and obtained approval from the Minister of Construction and Transportation.
B. After that, on March 31, 2003, the Mayor of Seoul Special Metropolitan City changed the apartment district of this case into the Seocho-gu Seoul Metropolitan Government E-dong, G Dong 1,591,192.5 square meters (i.e., one week-gu 248,147.5 square meters, 2424,345 square meters, 291,254 square meters) with a view to changing the apartment district of this case into the Seoul Metropolitan Government E-dong, G Dong 1,591,192.5 square meters (i.e., 248, 147.5 square meters-Gu 24, 345 square meters-Gu 291,254 square meters-Gu 4 square meters-Gu 297, Dec. 27, 2004 by integrating the existing apartment district of this case with a public announcement of Seoul Special Metropolitan City on December 27, 2004 and partially modifying the area (i.e., 17, Dong 217,99282, 3884.8.
(hereinafter referred to as “the Change Plan of March 31, 2003” and “the Change Plan of December 27, 2004,” in sequence c).
On the other hand, the Defendant’s Intervenor (hereinafter “ Intervenor”) filed an application for approval for establishment with the Defendant only with the consent of sectional owners in the C Apartment Complex, part of the apartment complex in the instant apartment zone, which is the overall part of the Intervenor’s Intervenor (hereinafter “instant promotion committee”), and obtained the approval for establishment of the instant promotion committee from the Defendant on July 30, 2003.
Around April 2015, the instant promotion committee: (a) filed an application with the Defendant for authorization to establish a project on the ground that the C Apartment Complex was scheduled to implement the project; (b) 1,037 co-owners in the said complex, among the 1,140 co-owners; and (c) obtained the consent of 1,037 co-owners in the said complex, and obtained authorization to establish an intervenor association from the Defendant.
(e) thereafter, an intervenor;