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(영문) 서울행정법원 2014.11.21 2014구합9851

조합설립변경수립인가무효확인등

Text

1. He shall dismiss the action brought by the Appointor B;

2. The claims of the Plaintiff (Appointed Party) and the Appointed C, D, and E are dismissed, respectively.

3...

Reasons

1. Details of the disposition;

A. The F Housing Redevelopment and Rearrangement Project Association (hereinafter “instant association”) is the Housing Redevelopment and Rearrangement Project Association for the purpose of housing redevelopment project on the land size of 64,452.96 square meters in Mapo-gu Seoul Metropolitan Government G G G (hereinafter “instant rearrangement zone”), and the Plaintiff (designated parties; hereinafter “Plaintiff”) and the designated parties are the owners of land, etc. within the instant rearrangement zone, who are members of the instant association.

B. The developments leading up to the disposition of approving the establishment of the F Housing Redevelopment Project Association (hereinafter “instant promotion committee”) and the progress of the lawsuit (1) applied for authorization to establish the association to the Defendant, along with a written consent from the owners of land, etc. in the instant improvement zone (hereinafter “the first written consent”).

(2) On November 29, 2006, the Defendant issued a disposition to authorize the establishment of an association (hereinafter “instant disposition to authorize the establishment of an association”) on the ground that the instant promotion committee obtained the consent to establish an association from at least 4/5 of all owners of land, etc. (at least 699 persons among 863 persons, and at the consent rate of 80.9%) in the instant rearrangement zone.

After formulating a project implementation plan on September 3, 2007 under the premise that the instant authorization disposition is valid, the instant association received a disposition to authorize the implementation of the project. After formulating a management and disposal plan, it received a disposition to approve the implementation plan on June 5, 2008, and received a disposition to approve the implementation plan on April 1, 2010.

(3) However, on October 30, 2009, some of the members were “a summary of the design of a building constructed” in part of the first written consent, and a summary of the cost required for the removal and new construction of a building” in each public column, and thus, the consent of the establishment of an association based on the first written consent has no effect, and it did not meet the consent ratio.

The Seoul Administrative Court (2009Guhap46146) filed a lawsuit seeking confirmation of invalidity of the establishment of this case against the defendant on July 22, 2010.