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(영문) 인천지방법원 2016.06.23 2015구합53026

조합설립인가취소처분취소

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1. On August 10, 2015, the Defendant issued a revocation disposition to authorize the Plaintiff to establish a new housing reconstruction project for the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status and the Plaintiff’s association establishment authorization are an association established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 21, 2007; hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) in order to implement reconstruction improvement projects (hereinafter “instant project”) with respect to the fourth and 60 households located on the ground of 3,205,000 square meters of land, Ma-dong, Ma-gu, Ma-si, and 3,205. The Plaintiff completed the establishment registration on May 19, 2004 after obtaining authorization for the establishment of a housing reconstruction and improvement project association from the Defendant on May 24, 2004.

B. An approval for a reconstruction project implementation and an application for parcelling-out 1) The Plaintiff Union shall exercise the right to demand sale against four households that do not consent to reconstruction on June 29, 2004. On the other hand, on December 30, 2004, the Plaintiff Union publicly announced a trust registration on January 17, 2005 to April 6, 2005, and announced the F, B, G, H, I, C, J, and K (hereinafter “the trust registration completion members”).

(A) The ownership of a building site and each sectionally owned building has been transferred from some members, including but not limited to a building site and each sectionally owned building due to trust, and on December 31, 2004 (hereinafter “instant project implementation authorization”).

After receiving the application for parcelling-out from January 21, 2005 to February 28, 2005 (this later was extended from January 21, 2005 to March 20, 2005).

(ii) The decision shall be determined as follows: (a) when the amount of free payment is KRW 70 million, 25 square meters for the members of the association; (b) 30 square meters for the 13 households, including F, B (hereinafter referred to as “members of the association”) among the 56 households of the members who agreed to re-building as a result of the application for parcelling-out, have received the application for parcelling-out; and (c) 43 households, including F, B (hereinafter referred to as “members of the association for parcelling-out”) have not filed the application for parcelling-out; and (d) thereafter, hereinafter referred to as “members of the association to withdraw the application for parcelling-out”.