beta
(영문) 서울행정법원 2011.07.22 2010구합25749

조합설립인가무효확인

Text

1. The Defendant’s approval for the establishment of the IHousing Rebuilding Project Association was revoked on June 4, 2010.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. On March 23, 2006, the Mayor of Seodaemun-gu Seoul Special Metropolitan City established and publicly announced a master plan for urban and residential environment improvement that includes the designation of the area to be 17,012.9 square meters in the Seodaemun-gu Seoul Special Metropolitan City as the area to be rearranged. On August 23, 2007, the Mayor of the Seoul Special Metropolitan City published the modification of the master plan for urban and residential environment improvement that changes the area of the area to be rearranged from the area to the area of the area to be 17,012.9 square meters in Seoul, Seodaemun-gu, Seoul, to the area of 34,497.7 square meters in addition to the

B. On January 15, 2008, the Defendant rendered a disposition of approval for the establishment promotion committee of the reconstruction and consolidation project association (hereinafter “promotion committee”) whose business area covers N of Seodaemun-gu Seoul, Seodaemun-gu (hereinafter “Seoul”) (hereinafter “approval disposition of promotion committee”).

On May 21, 2009, pursuant to Article 4 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9729, May 27, 2009; hereinafter the same), the Mayor of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “instant rearrangement zone”) designated the rearrangement zone of 34,817 square meters (hereinafter referred to as the “instant rearrangement zone”). The rearrangement zone in this case consists of the number of owners or areas other than a housing complex.

On the other hand, the revocation lawsuit against the approval disposition of the committee and the designation disposition of the rearrangement zone in this case was not filed within the filing period, and the revocation lawsuit against the approval disposition of the committee was filed with the lapse of the filing period, but this court was dismissed on August 13, 2010 (2010Guhap445), and the appeal is pending.

C. On May 31, 2009, the promotion committee filed an application with the Defendant for authorization to establish the Housing Reconstruction Association (hereinafter “instant written consent”) by the owners of the land or buildings in the instant rearrangement zone, along with the written consent to establish the Housing Reconstruction Association (hereinafter “instant written consent”). The Defendant consented by 17 landowners, 14 building owners, 280 landowners, and 214 of the total number of 280 landowners.