재개발정비사업조합설립인가취소
1. Of the instant lawsuit, the part of the claim for confirmation of the invalidation of the composition approval disposition by the promotion committee is dismissed.
2. The plaintiffs.
Details of the disposition
On January 11, 2001, the head of Busan Metropolitan City publicly announced the redevelopment master plan in accordance with the former Urban Redevelopment Act (amended by Act No. 6852 of Dec. 30, 2002) and designated the total area of 166,00 square meters in Busan Metropolitan City as a housing redevelopment master plan. As the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents was enacted and implemented, the above redevelopment master plan was regarded as the basic plan under the above Act pursuant to Article 4(2) of the Addenda of the Act on the Improvement of Urban Areas and Dwelling Conditions for
D District Housing Redevelopment Development Project Promotion Committee (hereinafter “instant promotion committee”) was organized for the purpose of establishing an association for implementing housing redevelopment projects in the said basic housing redevelopment project zone, and the Defendant approved the establishment of the instant promotion committee on December 30, 2003.
(hereinafter “instant approval disposition”). On September 12, 2007, the Busan Metropolitan City Mayor designated and publicly announced 160,730 square meters of the said rearrangement zone as a housing redevelopment improvement zone (hereinafter “instant rearrangement project zone”).
On December 1, 2007 and August 28, 2008, the committee of promotion of this case held a temporary resident general meeting, respectively, and applied for authorization for the establishment of a housing redevelopment and rearrangement project association to the defendant, but withdrawn the application or was returned by the defendant.
After holding an inaugural general meeting on May 17, 201, the instant promotion committee applied for authorization for the establishment of a housing redevelopment and consolidation project association to the Defendant on September 9, 201, along with a written consent for establishing an association submitted by the owners of land, etc. within the instant improvement project zone.
On December 22, 2011, the Defendant deemed that 804 of the owners of land, etc. in the instant rearrangement project zone consented (the consent rate of 76.28%), among 1,054 owners of land, etc., (amended by Act No. 11293, Feb. 1, 2012) meets the requirements for “3/4 or more of the owners of land, etc.,” as prescribed by Article 16(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11