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(영문) 서울행정법원 2012.04.05 2010구합8317

조합설립인가처분등무효확인

Text

1. Of the entire lawsuits of Plaintiff C, each lawsuit of Plaintiff A and B, the disposition approving the establishment of the association on May 18, 2006, and March 12, 2010.

Reasons

1. Details of the disposition;

A. (1) On May 18, 2006, the Defendant Cooperative is a Housing Redevelopment Project Association established with the approval of the head of the Gu on May 18, 2006 for the purpose of implementing a housing redevelopment project whose project area covers 68,812 square meters in Seongdong-gu Seoul, Seongdong-gu, Seoul. (hereinafter “instant project area”).

(2) Plaintiff A and B are members of the Defendant Union who own buildings and land within the instant project zone.

B. From 203 to 2003, the F Housing Redevelopment Project Promotion Committee, which is the telegraphic body of the Defendant Union, began to gather a written consent on the establishment of an association from the owners of lands, etc. within the said zone for the purpose of implementing a housing redevelopment project with the whole project area of the instant project zone as an expected zone for the implementation of the housing redevelopment project.

At the time of gathering the written consent, the phrase “design outline of a new building” and “estimated cost for removal of a building and construction” under the written consent at the time the said promotion committee’s consent was in a state of disturbance.

(2) On May 31, 2004, a Class I district unit planning zone for the Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government H Class I district unit planning zone was decided on a public letter of consent (hereinafter referred to as “instant consent”), which included the content that the Seongdong-gu Seoul Metropolitan Government E zone was designated as a special planning zone Class II and promoted a housing redevelopment project.

(3) On February 25, 2004, upon the application for approval for establishment of the above promotion committee, the head of the Defendant: (a) deemed that 232 owners of the land, etc. in the relevant project implementation zone were approved on February 25, 2004, among 450 owners of the land, etc. in the relevant project implementation zone (title 51.55%); and (b) granted approval for establishment of the project implementation zone with the name of “(tentative) F Housing Redevelopment Promotion Committee’s Establishment

(4) On August 4, 2005, the Seoul Special Planning Zone II as J on August 4, 2005.