조합설립인가무효확인
1.The judgment of the first instance shall be modified as follows:
The plaintiff (appointed party)'s primary claim is dismissed.
(b).
I. The following facts are acknowledged in light of the overall purport of the arguments in the evidence Nos. 1 to 3, 18, 20, 21, 32, 33, Eul evidence Nos. 1, 11, 43, 45 and 47 (including paper numbers), Gap evidence No. 8-1, 2, Gap evidence No. 12-5 to 8, and evidence No. 17-5.
[1] On March 23, 2006, the Mayor of Seodaemun-gu Seoul Special Metropolitan City established and publicly announced a master plan for urban and residential environment improvement, which includes the designation of 17,012.9 square meters in the Seodaemun-gu Seoul Special Metropolitan City as an area to be rearranged.
On August 23, 2007, the Mayor of Seoul Special Metropolitan City changed the area of the zone to be rearranged into 34,497.7 square meters from the area of 17,012.9 square meters in Seoul Seo-gu, Seodaemun-gu, Seoul to the area of 17,012.9 square meters.
[2] On January 15, 2008, the Defendant issued the approval of the reconstruction project association establishment promotion committee (hereinafter “promotion committee”) whose business area covers Nildae-gu Seoul, Seodaemun-gu (hereinafter “Seoul”) (hereinafter “approval of promotion committee”).
Article 4 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") which was enforced on May 21, 2009 shall be as stated in attached Form 3.
Pursuant to the notification of Seoul Metropolitan Government, the Seodaemun-gu Seoul Metropolitan Government designated the 34,817 square meters (hereinafter referred to as the "instant improvement zone") as the rearrangement zone.
The rearrangement zone of this case consists of the number of owners or the area, which is not a housing complex, mainly in the area.
[3] The Seoul Special Metropolitan City Mayor’s designation of the rearrangement zone and the approval of the Defendant’s promotion committee did not file a revocation suit within the filing period.
Meanwhile, even though a lawsuit filed to invalidate the Defendant’s approval of the committee of promoters as Seoul Administrative Court No. 2010-Gu 4445, the claim was dismissed on August 13, 2010, and the Plaintiffs of the above case were Seoul High Court No. 2010Nu2902.