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(영문) 창원지방법원 2015.12.08 2015구합21078

여좌돌산지구주택재개발정비사업조합설립추진위원회설립승인무효

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1. The Defendant’s approval for establishment of an association to the Intervenor joining the Defendant on June 13, 2006 is null and void.

Reasons

1. Details of the disposition;

A. On April 18, 2006, the Defendant Intervenor filed an application for approval to establish an association with the Mayor on April 13, 2006 with the consent of 183 owners of the land, etc. in the instant project area (as for the consent rate: 51.84%) on the part of 353 owners of the land, etc. in the instant project area (hereinafter “instant project area”). On June 13, 2006, on the part of the Defendant Intervenor, the Defendant Intervenor issued a disposition to approve the establishment of an association (hereinafter “instant disposition”).

B. The Plaintiffs, as the owners of land and buildings in the instant project zone, oppose the establishment of the Defendant’s assistant intervenor.

C. On July 1, 2010, Jinhae-si and Masan-si were integrated into Changwon-si, and the Defendant designated and publicly announced the Jinwon-si, Changwon-si, Seoul Special Metropolitan City (hereinafter “instant improvement zone”) 80,610 square meters (hereinafter “instant improvement zone”) as a zone for redevelopment and rearrangement of housing in the zone A, following the deliberation by the Changwon-si Urban Planning Committee on May 21, 2014.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 13 (including the number of pages), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case, which was made before the designation of the rearrangement zone, is null and void due to serious defects, and that the defendant and the defendant's assistant intervenor asserted as follows.

(1) ① The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”).

Article 13 (2) does not have any provision that limits the composition of a promotion committee and the timing of approval to a public announcement of the designation of an improvement zone, unlike after the amendment by Act No. 944, and Article 13 (2) does not have any provision that limits the timing of approval to a public announcement of the designation of an improvement zone.