조합설립인가취소처분취소
1. The Defendant’s revocation of the authorization granted to the Plaintiff on March 3, 2014 shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff obtained authorization for establishment pursuant to Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010) from the Defendant on December 30, 2009.
B. On February 1, 2012, when the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents was amended by Act No. 11293, which was in the process of implementing the said improvement project, and the provisions on the revocation of authorization, etc. to establish an association (Article 16-2) were newly established, some of the Plaintiff’s members received written consent from 122 owners of land, etc. to dissolve the Plaintiff association (hereinafter “instant application”) from the Defendant on January 28, 2014.
C. On March 3, 2014, the Defendant issued a disposition revoking authorization for the establishment of an association pursuant to Article 16-2(1)2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) against the Plaintiff on the ground that 122 persons, a majority of the owners of the land, etc. in the instant rearrangement zone, at the time of the instant application, agreed to dissolve (51.91%) (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The purport of the Plaintiff’s assertion is that one of the co-owners of Bupyeong-gu Incheon Bupyeong-gu C road 84.4 square meters within the rearrangement zone of this case includes 236 owners of land, etc. within the rearrangement zone of this case. Therefore, if it is deemed that a majority of the owners of land, etc., who are the requirements for revocation of authorization to establish an association, consent of dissolution of at least 1
However, among the 122 written consent for dissolution submitted to the Defendant, the written consent of each of five persons, such as D, E, F, G, and H, shall be legally required.