동ㆍ호수추첨무효확인
All of the plaintiffs' claims are dismissed.
All the costs of lawsuit are assessed against the plaintiffs.
Under Article 44-3 of the former Housing Construction Promotion Act (amended by Act No. 6852, Oct. 1, 2003; hereinafter “former Housing Construction Promotion Act”), the owners of housing who have agreed to establish the former D D D D D D D D D D D D D association shall hold an inaugural general meeting with 160 persons among 311 consenters of Apr. 10, 200 for the purpose of establishing the reconstruction association, and the resolution was passed with the consent of all members participating in the rebuilding resolution, the rules of the association, the project plan, etc. to newly construct a building of 92,79 square meters of total floor area, 5,484 square meters of building area, 29,779 square meters of building area, and with the consent of all members participating in the rebuilding
(2) On November 4, 2002, a cooperative established by the above inaugural general meeting (hereinafter referred to as the “previous cooperative”). The former cooperative applied for safety diagnosis of the said reconstruction zone to the head of Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Gangnam-gu”) by dividing the said reconstruction zone from E block to F block, and applied for each block. On March 31, 2003, it was determined that only E-G block is old and inferior housing subject to safety diagnosis.
Since then, the E-G block was notified by the head of Gangnam-gu on June 26, 2003 that it is subject to reconstruction.
Therefore, on June 24, 2003, the previous union held a general meeting of 174 members among 316 members of the association (five members of the association after the inaugural general meeting), and applied for authorization of establishment of the association first for E-G block that passed the safety inspection while changing the contents of the previous reconstruction resolution and reconstruction project with the consent of all members present, but the remaining H-F block decided to apply for authorization of establishment later depending on the subject and result of the safety inspection.
Of the members of the previous association, 173 of the owners of land, etc. of E-G block 185 and 173 of the owners of land, etc. of the E-G block applied for authorization to establish an association with a project zone of 12,389.25 square meters (E-G block) on June 26, 2003 to the head of Gangnam-gu, and on June 30, 2003, the authorization to establish the first association is granted from the head