beta
(영문) 서울고등법원 2014.08.22 2013누18737

강남아파트주택재건축정비사업조합변경등무효확인

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal, including the part resulting from the supplementary participation, are all the plaintiffs.

Reasons

1. Circumstances for changes in the establishment of association;

A. The Intervenor joining the Intervenor (hereinafter referred to as the “ Intervenor”) is a reconstruction and maintenance project association established to remove the A apartment 17 Dongs (hereinafter referred to as “A apartment”) located in the area of 18,686m2 (hereinafter referred to as “existing area”) from the Seoul Special Metropolitan City, Gwanak-gu I and five lots (hereinafter referred to as “A apartment”) and reconstruct the apartment house on the ground.

B. On May 18, 1995, the Intervenor Mutual Aid Association completed the registration of incorporation of a reconstruction maintenance project association pursuant to Article 18(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9047 of Mar. 28, 2008; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) and Article 3 of the Addenda (amended by Presidential Decree No. 21171 of Dec. 17, 2008) of the former Housing Construction Promotion Act (amended by Act No. 5451 of Dec. 30, 2002).

C. The Defendant extended the existing project implementation district and applied for the designation of the rearrangement zone to the Seoul Special Metropolitan City Mayor on November 24, 2005 at the request of the Intervenor’s association, which requested the designation of the 26,941 square meters of I and 28 parcels (hereinafter “the altered zone”) outside the existing zone as the rearrangement zone.

Accordingly, the Mayor of Seoul Special Metropolitan City on January 12, 2006 designated a modified zone as a A apartment house reconstruction improvement zone (J of Seoul Special Metropolitan City), and the plaintiffs own land or buildings in the additional zone as shown in the list of real estate attached Table 1.

E. On October 15, 2007, an intervenor association held a general meeting for administration and disposal, and passed a resolution to extend the project implementation district stipulated in Article 3 of the association’s articles of association into an existing zone, and reflects the amendment of the project implementation district and the articles of association, and then the consent ratio of 69 persons from among 828 owners of land, etc. subject to the disposition of authorization for change of establishment from the defendant on February 5, 2008 is calculated as 80.8%.