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(영문) 대구지방법원 2016.05.31 2015구합1634

조합설립인가무효확인

Text

1. All plaintiffs' lawsuits are dismissed.

2. Of the litigation costs, the costs involved in the Plaintiffs’ participation.

Reasons

1. Basic facts

A. On October 30, 2008, the Daegu Metropolitan City Mayor publicly announced as a housing reconstruction improvement zone B, Daegu-ro, Daegu-ro, Daegu-gu, Seoul-gu, and 22,753 square meters (hereinafter “instant improvement zone”) designated and publicly announced as a housing reconstruction improvement zone.

B. On November 28, 2008, the Promotion Committee for the Establishment of A Apartment Housing Reconstruction Project (hereinafter “instant Promotion Committee”) held an inaugural general meeting (hereinafter “instant inaugural general meeting”) and resolved on matters such as the consent to reconstruction and project plan, and the enactment of the articles of association of the association.

C. On September 14, 2009, the instant promotion committee filed an application with the Defendant for authorization to establish an association on September 14, 2009, along with the draft written consent for establishing an association, from the owners of land, etc. in the instant improvement zone, and the Defendant, on February 11, 2010, deemed that there was 447 consent (7.01%) from among 573 owners of land, etc. in the instant improvement zone from among 573 owners of land, etc. in the instant improvement zone, and approved the establishment of the Intervenor’s Intervenor (hereinafter “ Intervenor’s association”) pursuant to Article 16(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 1129

(hereinafter “instant disposition”) D.

The Plaintiffs and the Plaintiff’s Intervenor are owners of land, etc. within the instant rearrangement zone, and among the Plaintiffs and the Plaintiff’s Intervenors, D, E, F, G, H, I, J, K, and L (attached Form 24, 29, 31, 34, 38, and 42) were members upon consent to establish an association, and the rest of the Plaintiff’s Intervenors did not consent to establish an association.

【Ground of recognition】 In the absence of dispute, entry in Gap's 1, 3, 64, 221, 342, 362, 445, 513, 724, 735, 801, Eul's 11, 12, 20, 26 (including provisional numbers, hereinafter the same shall apply), and the purport of the whole pleadings

2. The plaintiff's assertion

A. The written consent requested by the committee of promotion of this case from owners of land, etc. due to the defect in the establishment agreement, which affected the invalidation of the disposition of this case by the committee of promotion.