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(영문) 서울고등법원 2018.10.02 2018누36488

사업계획변경승인신청거부처분취소

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. Of the total costs of litigation, the participation by the Plaintiff is attributable to the participation.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant’s Intervenor (hereinafter “instant association”) is a reconstruction association that obtained authorization for establishment pursuant to Article 44(1) of the former Housing Construction Promotion Act (amended by Act No. 6841, Dec. 30, 2002; hereinafter the same) on December 27, 2001 for the purpose of removing existing houses and constructing multi-family housing, etc. (hereinafter “instant project”) on the ground of the gold-free housing complex of 60-3 and 60-8 square meters in Gyeyang-dong, Incheon, Gyeyang-dong (hereinafter “instant land”).

The instant association acquired from its members not less than 4/5 shares (2,086/2, 378, and 862.6/952 by parcel number, which led to 87.7% and 90.6% of all the above shares) of the instant land by means of trust, etc. In other words, the instant association secured shares that meet the requirements for reconstruction resolution under Article 47 of the former Act on Ownership and Management of Condominium Buildings (amended by Act No. 10204, Mar. 31, 2010; hereinafter “former Act”).

On September 5, 2002, pursuant to Article 33 of the former Housing Construction Promotion Act and Article 32 of the former Enforcement Decree of the Housing Construction Promotion Act (amended by Presidential Decree No. 17816, Dec. 26, 2002; hereinafter the same), the Defendant obtained approval of the project plan concerning the instant business.

B. On March 21, 2006, the instant association entered into an implementation construction contract with the Thai Industrial Development Co., Ltd. (hereinafter “Tai Industrial Development”) on the instant project and carried out the project by designating it as the joint project proprietor pursuant to Article 44(3) of the former Housing Construction Promotion Act, and concluded a re-execution execution contract with the Defendant’s Intervenor, Inc., Ltd., Ltd., Ltd., and the Defendant, on April 6, 2006, when the development of Tae Tae Industrial Development was in progress after the base destruction work, and the construction was suspended after the base destruction work, and entered into a re-execution contract with the Defendant’s joint project proprietor.