조합설립인가취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a housing redevelopment project partnership established for the purpose of implementing a housing redevelopment project in the Nam-gu Incheon Metropolitan City, and the Defendant approved the establishment of the Plaintiff on May 14, 2010.
B. On May 30, 2014, some of the Plaintiff’s association members filed an application with the Defendant for dissolution of an association on the ground that 167 persons, which are a majority of the owners of land, etc. (52%) consented to dissolution of an association (hereinafter “application for dissolution of this case”). On July 4, 2014, the Defendant issued a disposition revoking authorization to establish an association against the Plaintiff on the ground that the majority of the owners of land, etc. and the majority of union members who agreed to establish an association consented to dissolution (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (including the branch numbers), Eul evidence 1 to 5 (including the branch numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The written consent of dissolution prepared by C, D, E, and F among the Plaintiff’s members asserted by the Plaintiff was made in the name of one of the co-owners without the representatives of each co-owner’s co-owner’s representatives, and thus is unlawful. If the Plaintiff’s consent to dissolution was excluded, the instant application for dissolution did not obtain the consent of a majority of the owners of the land
(b) Attached Form of relevant statutes;
C. 1) Article 2 subparag. 9 (a) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents is the owner or superficies of the land or building located within the rearrangement zone. According to Article 17 of the same Act and Article 28(1)1 of the Enforcement Decree of the Act, the consent of the owner of the land, etc. in the housing redevelopment project shall be calculated as the owner of the land, etc. who represents the number of the owners of the land, if the land or building in the housing redevelopment project belongs to several co-owners, and the owner of the land and if the superficies is established on the land.