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(영문) 서울행정법원 2015.10.08 2015구합2314

조합설립인가무효확인등

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. On October 19, 2006, the Mayor of Seoul Special Metropolitan City designated and publicly announced the Seoul Special Metropolitan City Nowon-gu D, E, Japan 643,608 square meters as urban renewal acceleration district. On September 11, 2008, the Mayor of Seoul Special Metropolitan City publicly announced F as the Seoul Special Metropolitan City public announced on September 11, 2008, designated and publicly announced the change of the above urban renewal acceleration district, and designated and publicly announced the GJ 68,327 square meters in Seoul Special Metropolitan City, Nowon-gu as B

B. In the above B urban renewal acceleration district, the Plaintiff’s H 276 square meters owned by Nowon-gu in Seoul Special Metropolitan City (hereinafter “instant land”) are included.

C. On May 9, 2009, the B Promotion Committee for the Establishment of the Housing Redevelopment Project (hereinafter “instant Promotion Committee”) held an inaugural general meeting (hereinafter “instant general meeting”) and passed a resolution on the establishment of a partnership to implement the B-Housing Redevelopment Project. From among 306 owners of land, etc. in the project area, 249 persons consent (the number of consenters is 81.36%, and 80.94% of land size is 80.94%) and applied for authorization for the establishment of a partnership to the Defendant.

Accordingly, on June 5, 2009, the defendant approved the establishment of the B Housing Redevelopment Project Association (hereinafter "the partnership of this case")

(hereinafter “instant disposition approving the establishment of the association”). (e)

After that, on August 23, 2012, the Mayor of Seoul Special Metropolitan City published I on August 23, 2012, which included the content of exclusion of 2,281 square meters from the existing area of 648,039 square meters and 648,039 square meters, changed designation of J urban renewal acceleration district, changed designation of urban renewal acceleration district, and announcement of topographic map (hereinafter collectively referred to as “instant change approval disposition, etc.”). According to this, K, L, M, and N land adjacent to the instant land was excluded from the business area, but the instant land was not included in the said exclusion portion, but was changed into “the existing site (276 square meters) and road (258 square meters)” only for the land use plan.

F. On November 6, 2014, the Defendant rendered a disposition to authorize the project implementation of the instant association.