조합설립(변경)인가무효확인
1. The plaintiff (appointed)'s claim is dismissed.
2. Of the litigation costs, the plaintiff (appointed party) and the defendant, as well as the defendant.
1. Basic facts
A. On December 3, 2008, the Intervenor joining the Intervenor (hereinafter “the Intervenor”) is a housing redevelopment development project partnership with the Defendant’s authorization granted on December 3, 2008 to promote a housing redevelopment project (hereinafter “instant redevelopment project”) within the Dongdaemun-gu Seoul Metropolitan Government D 65,338 square meters (hereinafter “instant project zone”). The Intervenor joining the Intervenor’s association is a member of the Intervenor’s association.
B. Since the Seoul Special Metropolitan City public notice of the determination of the urban renewal acceleration plan concerning the instant redevelopment project was made on January 7, 2007, the public notice of the determination of the urban renewal acceleration plan was made in JJ of March 12, 2009 and K of the Seoul Special Metropolitan City public notice of October 21, 2010.
C. On September 4, 2015, the Intervenor Mutual Aid Association held a general meeting of partners to resolve the cases of appointing new heads and directors, the cases of amending the articles of association (number of directors), and the cases of amending the urban renewal acceleration plan (hereinafter “instant proposed modification”).
On October 21, 2015, the Intervenor Union filed an application with the Defendant for authorization to change the establishment of the partnership (the head of the partnership and the director), the amendment of the association’s articles of association (the number of not less than five and not more than ten directors), the amendment of the scheduled time of application for authorization to implement the project, the number of union members (600 and not more than 55 cases), and the change of union members (55 items). On the same day, the Defendant notified the Intervenor Association of the document (Evidence A 3), “the report processing of the minor change (the report processing of the authorization to change)” (Evidence 22).
(hereinafter referred to as “approval for Change of this case”). 【No dispute exists, entry in Gap’s evidence Nos. 2 through 5, 7, 11, 22, 23, 40, and 72, and the purport of the whole pleadings.
2. The assertion and judgment
A. The plaintiff asserts to the following purport.
In other words, the proposed modification of the plan of this case is existing.