주택재개발정비사업조합추진위원회설립승인처분무효확인 등
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.
1. The reasoning for the court’s explanation concerning this case is as follows. Except for the additional determination as to Article 8(2) of the Administrative Litigation Act, Article 8(2) of the Civil Procedure Act, and Article 420 of the Civil Procedure Act, this part of the reasoning for the judgment of the court of first instance shall be cited in accordance with the reasoning for the judgment of the court of first instance.
[2] In light of the above legal principles, the organization approval disposition of the committee of promotion of this case, which was made before the designation and public announcement of the rearrangement zone, is null and void, and the disposition of this case is also deemed null and void. The defendant's disposition of approval of the committee of promotion prior to the designation of the rearrangement zone is also deemed null and void. Meanwhile, in full view of the above evidence and the following circumstances, considering the whole purport of arguments, even though the committee of promotion's organization approval disposition of the committee of promotion was made against the committee of promotion which was composed of more than a majority of owners of lands, etc. within a certain project implementation scheduled zone prior to the designation and public announcement of the rearrangement zone, even if there was an error of law as to the committee of promotion with the designation of a rearrangement zone and the approval of the committee of promotion, it cannot be deemed that such defect reaches the extent of punishing the purpose of legislation of the committee of promotion under the Urban Improvement Act. ① Although the master plan of urban and residential environment improvement was not formulated or designated at the time of the approval of the committee of promotion, the Enforcement Decree of the same Act (amended by Presidential Decree No. 217171).
According to Article 7, the Si of Msan is a Si with a population of less than 500,00 and is not an area requiring the establishment of the above basic plan.
② At the time of the disposition of approval for the composition of the promotion committee, the promotion committee was designated as a prospective project implementation area of 35,307.04 square meters of land site area B in Changwon-si, Changwon-si, and thereafter, Gyeongnam-do was designated as a public announcement.