사업시행인가무효확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On June 25, 2009, the Defendant is a rearrangement project association established to promote a housing redevelopment project of Seongbuk-gu Seoul Metropolitan RD (hereinafter “instant project”) and obtained authorization to establish an association from the head of Seongbuk-gu Office. The Plaintiffs are owners of land, etc. in the instant project zone.
B. On December 28, 2011, the Defendant obtained authorization for project implementation from the head of Seongbuk-gu Office on October 23, 201, after going through a resolution of extraordinary general meeting of association members for the formulation of a project implementation plan.
(hereinafter referred to as the "original project implementation plan"). (c)
On October 24, 2013, the defendant obtained approval from the head of Seongbuk-gu Office on February 6, 2014 for the project implementation plan changed as mentioned above on the ground that the project implementation plan to change the project implementation plan to increase the estimated amount of rearrangement project costs to approximately KRW 515,06,254,836 won 613,970,89, about KRW 19.2% (hereinafter referred to as "the general meeting of this case").
(hereinafter referred to as the “project implementation change plan of this case”). [Grounds for recognition] There is no dispute, entry of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings.
2. Whether the project implementation plan of this case is legitimate
A. Among the matters stipulated in Article 30 of the Plaintiff’s assertion and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 41(2) of the Enforcement Decree of the same Act, the remainder of the excluding the funding plan was not presented to the instant general meeting. Therefore, the instant project implementation amendment plan is unlawful by failing to go through the general meeting’s resolution as stipulated in Article 24(3)9-2
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. Determination, ① Article 28(5) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Members shall be held in advance before the project implementer applies for authorization to implement the project (including the modification of the authorized contents, or the suspension or discontinuance of the rearrangement project).