주택조합설립인가처분의취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On December 28, 2005, the Defendant issued an authorization to establish a housing association (hereinafter “instant disposition”) pursuant to Article 32 of the former Housing Act (amended by Act No. 9405 of Feb. 3, 2009), Article 37 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 19356 of Feb. 24, 2006), Article 17 of the former Enforcement Rule of the Housing Act (amended by Ordinance No. 530 of Aug. 7, 2006) (hereinafter “instant disposition”).
B. On May 2, 2014, Plaintiff A acquired ownership of 469 square meters in Nam-si, Namyang-si, located in the housing construction site of the instant association, and of 1,763 square meters in size and 260 square meters in size.
C. At present, Plaintiff B constituted a “G Housing Association Promotion Committee” to establish a housing association with landowners within the housing construction site of the instant association, and recruited its members.
The Plaintiffs are not members of the instant association.
E. Upon the Defendant’s motion, the Defendant C Housing Association participated in the instant lawsuit.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, and 5 (each number is included) and the purport of the whole pleadings
2. According to Article 34 (2) of the Housing Act, the head of a Si/Gun/Gu may revoke the authorization for the establishment of a housing association if a housing association or any of its members violates this Act or any order or disposition issued under this Act. The association in this case violated the Enforcement Decree of the Housing Act and the Housing Act as follows. The defendant must revoke the authorization for the establishment of the association in this case.
① Under Article 40 of the Enforcement Decree of the Housing Act, a housing association shall apply for approval of a project plan within two years from the date of obtaining authorization for the establishment. The instant association did not apply for approval of a project plan from December 28, 2005 to the date of obtaining authorization for the establishment.
(2) In Article 39 (1) of the Housing Act, housing constructed and supplied pursuant to the Housing Act shall be supplied or received.