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(영문) 서울행정법원 2016.04.08 2014구합70204

조합설립인가취소

Text

1. On July 23, 2014, the Defendant’s disposition to approve the establishment of an association against the Intervenor joining the Defendant is revoked.

2. The costs of lawsuit;

Reasons

1. Details of the disposition;

A. The owners of housing who have consented to the establishment of the Seoul Gangnam-gu Seoul Gangnam-gu Housing Reconstruction Association (amended by Act No. 6852 of Oct. 1, 2003) held an inaugural general meeting with 160 persons among 311 consenters on Apr. 10, 200 to establish the reconstruction association pursuant to the former Housing Construction Promotion Act, and resolved with the consent of 160 members present at the resolution to construct a building of 92,790 square meters in the site area of 29,779 square meters in the site area, 5,484 square meters in the building area of 29,79 square meters in the site area, and with the consent of 29,79

(hereinafter referred to as the "previous Partnership"). (b) A cooperative established through the above inaugural general meeting.

On November 4, 2002, the previous union applied for a safety diagnosis of the said rebuilding zone by dividing it into one block to seven blocks. On March 31, 2003, only one of the block (hereinafter “1-4 block”) was determined as the object of a precise safety diagnosis. On June 26, 2003, the previous union was notified by the Defendant that the rebuilding is subject to a safety diagnosis. On June 24, 2003, the previous union held a general meeting of union members with 174 members among 316 union members, and changed the contents of the previous rebuilding resolution and rebuilding project as follows, with the consent of all union members, and first applied for authorization of establishment of the first five to 7 block (hereinafter “5-7 block”) with the consent of all union members, but the remainder of 5 to 57 block (hereinafter “57 block”).

The consent of rebuilding resolution and rebuilding project contents among the total revision and the design outline of the new building among the rebuilding project contents. ① The design outline of the new building (1 to7 block) among the design outlines of the new building by block (1 to 5,988.53 square meters of block 173.35% through 2 block 3,542.72% through 7 block 937.20% in progress of 134.75% in progress, and 17,557.15% in height of 134.75% in progress.