2. 00

3. ○○○

4.O; and

5. ○○○

6. ○○○

7. 00

8. ○○○

2. Of the costs of lawsuit, the part resulting from the intervention is borne by the Intervenor joining the Defendant, and the remainder is borne by the Plaintiffs.

A. On June 25, 2004, the Mayor of Seoul Special Metropolitan City formulated a basic plan for urban and residential environment improvement, and announced it by the Seoul Special Metropolitan City Notice No. 204. On January 20, 2005, pursuant to Article 3 (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392 of March 18, 2005; hereinafter the same shall apply), the Mayor of Seoul Special Metropolitan City additionally designates approximately 38,207mi (hereinafter the instant zone) as an urban environment improvement zone as an urban environment improvement zone, by modifying the basic plan for urban and residential environment improvement as a public notice No. 205-21 of the Seoul Special Metropolitan City Notice No. 2005-21.

B. On January 2005, the Intervenor joining the Defendant (hereinafter the Intervenor) filed an application for approval with the Committee for Promotion of the Establishment of an Association (hereinafter “Promotion Committee”) aimed at establishing an association to implement the redevelopment project for housing in the instant area. On February 4, 2005, the Defendant approved the Intervenor’s consent on February 4, 2005 on the ground that the Intervenor obtained the consent of a majority of the owners of lands, etc. within the instant area (212 persons among the total 415 persons, and 51% consent) (hereinafter the instant disposition).

C. Since May 18, 2006, the Seoul Special Metropolitan City Mayor (including the entire area of the instant zone; hereinafter the same shall apply) designated the Jung-gu Seoul Special Metropolitan City ○○○○○○○○○, 767m2 as the Jeju Special Metropolitan City 189m2 as the Jeju Special Metropolitan City Public Notice on May 18, 2006.

D. Meanwhile, the Plaintiffs are the owners of land or buildings within the rearrangement zone in this case.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the purport of the whole pleadings

A. To obtain approval from the promotion committee, the owners of land, etc. shall obtain the consent of a majority of landowners, etc. within the relevant housing redevelopment improvement project zone, and the housing redevelopment improvement project zone can only be finalized after the determination and public announcement (Article 2 Subparag. 1, 9, and Article 4 of the Do Government Act). Thus, approval from the promotion committee is possible only after the redevelopment project zone becomes final and conclusive (Article 2 Subparag. 1, 9, and Article 4 of the Do Government Act does not include "the duties of the promotion committee's designation of improvement zone" (Article 6(1) of the Seoul Metropolitan Government Ordinance on Urban and Residential Environment Improvement, which provides that the promotion committee may propose the formulation of a rearrangement zone designation to the head of the competent Gu after the disposition of this case, and there is no room for any different interpretation).

Therefore, the instant disposition taken before it becomes final and conclusive as the rearrangement zone in the instant case is null and void as a matter of course.

B. Although it is possible to approve the promotion committee before the redevelopment project zone becomes final and conclusive, the rearrangement zone in this case increased by 12.5% (4,767m2) more than the rearrangement zone in this case, the rearrangement zone in this case lost its validity from May 18, 2006, designated and publicly notified by the rearrangement zone in this case, and since the intervenor did not additionally submit a written consent of the owners of land, etc. in this case corresponding to the increased area, the disposition in this case is null and void as a matter of course.

C. The Defendant calculated total number of the owners of land, etc., excluding the owners of existing unauthorized buildings, and the owners of existing unauthorized buildings should also be added to the total number of the owners of land, etc. (see, e.g., Article 24(1)1 of the Seoul Special Metropolitan City Ordinance on the Improvement of Urban and Liquor Environment, and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects). Meanwhile, since the six copies of the written consent submitted by the Intervenor, which did not have a certificate of seal impression among the written consent submitted by the Intervenor, are invalid, it should be excluded from the calculation of the number of consenters. Ultimately, the consent of the owners of land, etc. is merely 45.8% [ = [206 persons of land, etc. who submitted an effective written consent [34 persons of land, etc. who were the owners of land, etc. within the instant zone] x 100] of the owners of land, etc.

3. Whether the instant lawsuit is lawful

We examine ex officio the legitimacy of the lawsuit in this case seeking confirmation of invalidity of the approval disposition against the intervenor.

If a committee of promoters prescribed in Article 13 of the Do Government Act grants authorization for the establishment of an association composed of owners, such as land, etc. to implement a project at a non-level level to conduct all the affairs in the initial stage of a rearrangement project, the rights and obligations related to the duties performed by the committee of promoters shall be comprehensively succeeded to the redevelopment project. At the same time, the committee of promoters is only a temporary organization automatically dissolved and destroyed (Articles 14 and 15(4) and (5) of the Do Government Act).

In full view of the foregoing evidence, evidence as mentioned above, and evidence Nos. 5-1 and 2, the intervenor established ○○ Housing Redevelopment Project Association by selecting ○○○ as the president of the partnership. On January 19, 2007, the intervenor obtained authorization for the establishment of the above redevelopment project association from the defendant and completed the registration of incorporation at that time. Thereafter, the 16 owners of the land or building within the above redevelopment project zone including the plaintiffs filed a lawsuit against the defendant for revocation of authorization for the establishment of the redevelopment project association against the Seoul Administrative Court (Joint) (No. 2007Guhap1767, 207Guhap670670 (Joint)), and the above court rendered a judgment of 207Mo670 (Joint) around November 4, 2007, the Seoul High Court rendered a judgment of 208Mo670 (Seoul High Court Decision 2075).

According to the above facts of recognition, even if the approval of the intervenor and the establishment of the above redevelopment association and the defendant's approval disposition on this phase were taken place, the intervenor was already dissolved and terminated as long as the objective of the establishment of the partnership was achieved due to the establishment and establishment of the above redevelopment association, and even if the above redevelopment association's revocation ruling became final and conclusive, it cannot be viewed that the intervenor re-re-re-re-explal.

Therefore, even though there is an error of law as alleged by the plaintiffs in the disposition of this case which approves the establishment of the intervenor, it is reasonable to view that the intervenor has no legal interest in dispute over the invalidation of the disposition of this case as long as the objective of this case has already been achieved

4. Conclusion

Therefore, since the plaintiffs' lawsuit of this case is unlawful, it is decided to dismiss all of them as per Disposition.

Judge Lee Chang-chul

Judges Kang Jeong-hee

[The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392 of March 18, 2005)]

Article 2 (Definitions of Terms)

The definitions of terms used in this Act shall be as follows:

1. The term "improvement zone" means an old zone designated and publicly notified under Article 4 in order to implement a rearrangement project in a planned manner;

2. The term "maintenance project" means a project falling under any of the following items, which maintains infrastructure for rearrangement and improves or constructs structures, such as housing, in order to restore urban functions pursuant to the procedures stipulated in this Act: Provided, That in the case of item (c), housing reconstruction project implemented in a zone other than a rearrangement zone shall be included:

(b) A housing redevelopment project: A project implemented to improve residential environments in the area where infrastructure for rearrangement is inferior and the worn-out and inferior structures are concentrated;

9. The term “owner of land, etc.” means the persons falling under the following items:

(a) In cases of a residential environment improvement project or a housing redevelopment project or an urban environment rearrangement project, the owners or superficies of land or buildings located in a rearrangement zone;

Article 3 (Formulation of Master Plans for Urban and Residential Environment Rearrangement)

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor or the head of a Si shall formulate a master plan for urban and residential environment improvement (hereinafter referred to as "master plan") including the following matters on a ten-year basis: Provided, That in cases of small-scale Sis prescribed by Presidential Decree, a master plan may not be formulated:

1. Basic direction of the rearrangement project;

2. Planning period for a rearrangement project;

3. Current status of land use, infrastructure for rearrangement, topography, environment, etc. of population buildings;

4. Residential area management plans;

5. A land use plan, joint use plan and transportation plan;

6. Environmental plans for greenbelts, landscaping, energy supply, waste disposal, etc.;

7. A plan to establish social welfare facilities and cultural facilities for residents;

8. Outline extent of zones scheduled to be designated as the rearrangement zone under Article 4;

9. Project promotion plan for phased rearrangement;

10. A density plan for buildings concerning building-to-land ratio, floor area ratio, etc.;

11. Residential stabilization measures for tenants;

12. Other matters necessary for improving residential environments, etc., which are prescribed by Presidential Decree.

(3) When the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Mayor intends to formulate or modify a basic plan under paragraph (1), he/she shall make it available to residents for inspection for at least 14 days, hear the opinions of the local councils, and undergo deliberation by the local urban planning committee (hereinafter referred to as the "local urban planning committee") established under Article 113 (1) and (2) of the National Land Planning and Utilization Act: Provided, That the same

Article 4 (Formulation of Rearrangement Plans and Designation of Rearrangement Zones)

(1) The head of a Si/Gun shall formulate a rearrangement plan for an area meeting the requirements prescribed by Presidential Decree, such as concentration of old and inferior buildings, within the scope consistent with the master plan, including the following matters, for public perusal for residents for at least 14 days, hear the opinions of the local councils, and then apply for the designation of an improvement zone to the Mayor/Do Governor along with such plan, and when it is necessary to revise the details of the rearrangement plan, he/she shall file an application for the alteration of designation after the same procedure: Provided, That this shall not apply where he/she modifies insignificant matters

1. Title of the rearrangement project;

2. Rearrangement zone and its size;

3. Plans concerning the installation of urban planning facilities under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as the “urban planning facilities”);

4. Plan for installation of joint facilities

5. A plan for the main use, building-to-land ratio, floor area ratio, height, and total floor area of a building;

6. A plan to conserve urban scenery and the environment and to prevent disasters;

7. Expected timing for implementing the rearrangement project;

8. Other matters necessary for implementing the rearrangement project, which are prescribed by the Presidential Decree.

Article 13 (Establishment of Partnership and Composition of Promotion Committee)

(1) Where a person, other than the Mayor, the head of a Gun or the Korea Housing Corporation, intends to implement a rearrangement project, he/she shall establish an old association with the owners of land, etc.: Provided, That the same shall not apply where the owners of land, etc. intend to independently implement an urban environment rearrangement project under

(2) Where it is intended to establish an association under paragraph (1), five or more members, including the chairperson, including the chairperson, shall organize an association establishment promotion committee (hereinafter referred to as the "promotion committee"), and obtain approval from the head of a Si/Gun, in accordance with the methods and procedures prescribed by the Ordinance of the Ministry of Construction and Transportation.

(3) Article 23 shall apply mutatis mutandis to the members of the promotion committee under paragraph (2). In this case, the term "association" shall be deemed to read "promotion committee", "executive" to read "members", and "members" to read "owners of lands, etc.".

Article 14 (Functions of Promotion Committee)

(1) The promotion committee shall perform the following duties:

1. Affairs concerning an application for a safety diagnosis under Article 12;

2. Selection of the specialized management businessman of rearrangement project under Article 69 (hereinafter referred to as the "specialized management businessman of rearrangement project");

3. Preparation of a rough implementation plan for a rearrangement project;

4. Preparatory affairs for obtaining authorization to establish a cooperative;

5. Other affairs necessary for promoting an establishment of the partnership, which are prescribed by the Presidential Decree.

(2) The promotion committee shall select an interest manager specializing in the rearrangement project by the method of competitive bidding as prescribed by the operational rules under Article 15 (2).

(3) Where the contents of duties performed under paragraph (1) are accompanied by the bearing of costs by the owners of lands, etc. or cause any change in rights and duties, the promotion committee shall obtain the consent of the owners of lands, etc. in excess of the ratio

Article 15 (Organization and Operation of Promotion Committee)

(1) Every promotion committee shall have one chairperson representing the promotion committee and the auditor, and matters necessary for its operation shall be prescribed by Presidential Decree.

(4) The promotion committee shall report the duties performed by the promotion committee to a general meeting under Article 24 (hereinafter referred to as the "general meeting"), and the rights and duties related to the duties performed by the promotion committee shall be comprehensively taken over by the partnership.

(5) Every promotion committee shall hand over accounting books indicating the spent expenses and related documents to the partnership within 30 days from the date of authorization for the establishment of the partnership.

Article 16 (Authorization, etc. to Establish Cooperatives)

(1) Where a promotion committee for housing redevelopment projects and urban environment rearrangement projects intends to establish an association, it shall obtain authorization from the head of a Si/Gun, along with the articles of association and the documents prescribed by the Ordinance of the Ministry of Construction and Transportation, with the consent of at least 4/5 of the owners of land, etc. The same shall apply to cases where it intends to modify the authorized matters. The same shall apply to cases where it intends to modify any minor matter prescribed

(5) Necessary matters concerning applications and procedures for the establishment of an association and authorization thereof under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 17 (Method, etc. of Consent by Owners of Land, etc.)

Matters necessary for the methods and procedures, etc. for computing consent of the owners of lands, etc. under Articles 13 through 16 shall be prescribed by the Presidential Decree.

[Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 18830 of May 18, 2005)]

Article 28 (Methods, etc. of Calculating Number of Consenters of Land, etc.)

(4) A consent (including withdrawal of consent) of the owner of a plot of land, etc. under Articles 13 through 16 of the Act shall be made by means of a written consent using a seal imprint design, and in such cases, a certificate of the seal imprint shall be attached thereto (proviso omitted).

[Enforcement Rule of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Ordinance of the Ministry of Construction and Transportation No. 594, Dec. 13, 2007)]

Article 6 (Application, etc. for Approval of Establishment of Promotion Committee)

A person who intends to implement an improvement project (hereinafter referred to as "improvement project") under subparagraph 2 of Article 2 of the Act and who intends to obtain approval for the establishment of an association under Article 13 (2) of the Act (hereinafter referred to as "promotion committee") shall submit an application for approval for the establishment of an association in attached Form 2 to the head of a Si/Gun, along with the following documents:

1. List of owners of lands, etc.;

2. Consent letters of the owners of land, etc.;

3. The names and addresses of the chairperson and members;

4. Documents evidencing the appointment of members.

[Seoul Special Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (amended by January 1, 2006 by Ordinance No. 4359 of January 1, 2006)]

Article 6 (Residents' Proposal for Formulation of Designation of Rearrangement Zone)

(1) A committee for establishing an association approved pursuant to Article 13 of the Act on the Improvement of Urban and Residential Environments may propose the head of the competent Gu to formulate a plan for designating an improvement zone.

Article 24 (Those, etc. Eligible for Sale of Housing Redevelopment Projects)

(1) Persons eligible for parcelling-out of multi-family housing constructed for a housing redevelopment project under Article 52 (1) 3 of the Decree shall be the owners of lands, etc. falling under any of the following subparagraphs as of the base date of management

1. The end of the person who owns a house (including an existing unauthorized building and a building actually used for residence) among the previous buildings;