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(영문) 서울행정법원 2013.11.29 2013구합1874

조합설립인가처분무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an urban environment rearrangement project association established for the purpose of urban environment rearrangement project in the area of 6,502 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “Seoul Mapo-guD”) (hereinafter referred to as “instant rearrangement zone”).

The Plaintiff is the land owner within the instant improvement zone and is the Intervenor’s member.

B. (1) The Urban Environment Improvement Project Association Establishment Promotion Committee (hereinafter “Promotion Committee”) in the B district, the part of the intervenor, including the disposition of approving the establishment of the association, was approved by the Defendant on March 12, 2007.

(2) On August 23, 2007, the Mayor of Seoul Special Metropolitan City designated the rearrangement zone to which F, G, H, and I are incorporated into the rearrangement zone in this case as notified E in Seoul Special Metropolitan City.

(3) On October 18, 2007, a promotion committee held an inaugural general meeting and passed a resolution to establish an association.

(4) The Promotion Committee drafted a written consent to establish an association (hereinafter “written consent”) with the following details from the owners of land, etc. located in the instant rearrangement zone:

(A) A written consent drawn up from the owner of a plot of land, etc., which is the design outline of a new building, and the estimated amount of expenses for removal of a building or new construction, was vacant, but the intervenor supplementeded before applying for authorization to establish an association, and submitted to the Defendant the written consent to establishment and improvement projects;

(a) Five stories underground of 45,415.67§³ and 21 stories above ground, such as the size of the total floor space (public injury area) of the building site for the design of the new building and the size of the building site;

(b) 1 billion won in total of the cost of removal of buildings and construction of new buildings by estimation of the cost of removal of buildings and construction of new buildings and other project costs, 20 billion won in total of 69 billion won in total;

(c).

(1) Imposition and collection of expenses according to the association's articles of incorporation, the provisional settlement at the time of management and disposal, and the final settlement at the time of liquidation of the association. (2) Evaluation of the value of the assets owned by partners as prescribed by the association's articles of incorporation and the principle of equity.