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(영문) 대구지방법원 2020.10.08 2019구합26075

조합설립인가무효확인등

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All of the plaintiffs' primary and conjunctive claims are dismissed.

Costs of lawsuit shall be the part resulting from the supplementary participation.

Reasons

A. The standards for allocation of rearrangement project costs, “matters concerning the attribution of ownership after completion of the project,” and “association’s articles of association” should be included therein.

(Article 30(2) of the Enforcement Decree. In accordance with delegation, the “written consent to establish an association” prescribed in attached Form 6(3) of Article 8(3) of the Enforcement Rule (hereinafter referred to as the “written consent”) shall include the details of consent.

1. Details of establishment of a partnership and improvement projects;

Design outline of new buildings;

(b) Costs for a rearrangement project, including construction costs;

(c)sharing of expenses under item (b);

(d) Matters concerning the reversion of sectional ownership of the newly constructed building;

2. Consent to the selection of the president of the partnership:

3. Approval of the articles of association of the association;

4. A detailed item consisting of a written implementation plan for a rearrangement project.

1.(c)

In the title (Apportionment of rearrangement project costs), "(3) method of estimating the allotted charges by person subject to parcelling-out (e.g., the estimated amount of allotted charges by person subject to parcelling-out = The estimated amount of the site and buildings scheduled to be parcelling-out ? (price of the previous land and buildings by person subject to parcelling-out x proportional rate*), * proportional rate = (total revenues of the site and buildings after completion of the project - total revenues of the site and buildings after completion of the project) / Total value of the previous land and buildings - The total value of the previous land and buildings) / The computation formula." (3) The promotion committee must provide the owners of land, etc. with information prescribed by City/Do municipal ordinance concerning the estimate of allotted charges by land, etc. and the calculation

(Article 35(8) of the Act and Article 32(b) of the Enforcement Decree of the Act (Article 32(1) of the Enforcement Decree) (The written consent set forth in the Enforcement Rule 1 shall be binding upon delegation of superior

The purport of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions is to stipulate the legal consent form instead of the standard consent form provided by the previous Ministry of Construction and Transportation, thereby preventing disputes surrounding the form or content of the consent form, and allowing administrative agencies to establish the reconstruction association.