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(영문) 서울행정법원 2012.09.13 2011구합43782

주택재개발정비사업조합설립인가취소

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1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 25, 2004, the Mayor of Seoul Special Metropolitan City published G on June 25, 2004, which included the content that the Eunpyeong-gu Seoul Metropolitan Government H Il-man 2.1ha and I Man Man-man were designated as a separate rearrangement zone. The Seoul Special Metropolitan City Mayor’s Master Plan for Urban and Residential Environment Improvement was established and publicly announced.

After that, on February 12, 2009, the Mayor of Seoul Special Metropolitan City announced by JJ on February 12, 2009, designated 11.1 L/W as a single rearrangement zone, and announced the modification of the master plan for urban and residential environment improvement, which included 11.1 square meters in total of the above two rearrangement zones as a single rearrangement zone. On May 7, 2009, the Mayor of Eunpyeong-gu Seoul Special Metropolitan City publicly announced K-ro Seoul Special Metropolitan City publicly announced H/I large 10,773 square meters as a F Housing Redevelopment Improvement Zone (hereinafter

B. On April 27, 2005, the Defendant approved the establishment of the FF Housing Redevelopment Project Promotion Committee (hereinafter “instant promotion committee”) which is the telegraph of the Intervenor joining the Defendant (hereinafter “ Intervenor”).

On March 22, 2007, when the term of office of the chairman (L) and two auditors expires, the instant promotion committee held a general meeting to elect the chairman and the auditor, and passed a resolution to select M as the chairman, N, andO as auditors. On April 24, 2007, the Defendant approved the amendment of the promotion committee of this case to change the chairman and the auditor as above.

However, M, N, andO was suspended on June 26, 2009 by the provisional disposition ruling of the Seoul Western District Court (2009Kahap780) and the duty was suspended until the final judgment on the petition for nullification of the resolution of the residents' general meeting on March 22, 2007 became final and conclusive.

C. According to the decision of provisional disposition stated in the preceding paragraph, the promotion committee of this case determined that the situation of the president of the promotion committee was occurred, and P, the acting director, convened an inaugural general meeting on November 24, 2009.

However, the Seoul Western District Court's appointment of M on November 23, 2009 as the chairperson of the Promotion Committee on March 22, 2007 is null and void, so M is not appointed as the chairperson of the Promotion Committee from the beginning.