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(영문) 수원지방법원 2014.05.22 2012구합3843

주택재개발정비사업조합설립인가처분취소청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Basic facts

A. The Defendant’s disposition 1) On April 24, 2008, with the approval of the Governor of the Gyeonggi-do on April 24, 2008, is the 661 m2, 81 m21 m2 (hereinafter “instant business area”).

(2) On April 25, 2008, the D Housing Redevelopment Project Promotion Committee (E) established the association of the D Housing Redevelopment Project Promotion Committee (E) with the consent of 731 owners of land, etc. in the instant project area (5.2%) and applied for approval of the organizing of the committee. On June 3, 2008, the Defendant deemed the consent of 719 of the above 731 members (54.30%) as valid, and approved the organizing of the committee on condition that the number of promoters should be more than 1/10 of the owners of land, etc.

3) On August 22, 2008, the said promotion committee submitted to the Defendant a list of 100 promoters, etc., and obtained approval from the Defendant. On March 25, 2009, the name of the promotion committee was changed to “C Housing Redevelopment Promotion Committee (hereinafter “instant promotion committee”)” (hereinafter “instant promotion committee”). On November 29, 2010, the Governor of the Gyeonggi-do designated and publicly announced the large-scale 97,247 square meters in the instant business area as housing redevelopment area.

5) Meanwhile, on October 9, 201, the instant promotion committee is the Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor’s Partnership”).

(6) On December 5, 2011, the Defendant held an inaugural general meeting for the establishment of the company, and on the 21st of the same month, applied for authorization to establish the company on the premise that 1,002 of the owners of the land, etc., among 1,331 owners, applied for authorization to establish the company on the premise that the consent rate is 75.81% with consent of 1,009 owners of the land, etc. again on November 7, 2011, the Defendant applied for authorization to establish the company on the premise that the consent rate is 75.81%. 6) As to the said application, it is difficult to distinguish the seal imprint or seal imprint affixed on the instant promotion committee, (i) the F, G, H, I, and J’s consent, and in the case of K, the date on which the consent rate is written is written on December 28, 2011.