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(영문) 서울고등법원 2013.04.02 2012누30211

시공사선정신고수리처분등무효확인

Text

1. Revocation of a judgment of the first instance;

2. Of the instant lawsuits, the part concerning the Plaintiff (Appointed Party A) and the Appointor N respectively.

Reasons

1. Details of the instant disposition

A. On February 25, 2000, the Mayor of Seoul Special Metropolitan City publicly announced the Master Plan for Development of D Apartment Zone (Seoul Special Metropolitan City Public Notice E) pursuant to Article 20 of the former Housing Construction Promotion Act (amended by the Housing Act on May 29, 2003; hereinafter “State Promotion Act”) pursuant to Article 20 of the former Housing Construction Promotion Act.

o Location: 367,864.3 square meters o district size table: 106,198.7 square meters 2 square meters : 121,91.7 square meters 3 square meters : 139,753.9 square meters .

B. The above Cju-gu included a total of 1,958 housing complex and detached houses, such as H apartment 1,222 households, I apartment 9, M apartment 305 households, J apartment 93 households, L apartment 100 households, K 36 households, etc. Among them, the number of owners of H apartment and I apartment 1,22 I apartment 1,22 owners of H apartment and I apartment 1,22 I apartment 9 members of H apartment 1,22 and I apartment 99 members of H apartment 1,22. On October 28, 2001, an inaugural general meeting was held for the establishment of H apartment and I apartment 305 households, J apartment 93 households, J apartment 93 households, L apartment 100 households, K 36 households, and 1,958 households of the above Cju-gu with the consent of 125 members of the above Cju-Gu, 139,7539 square meters of the project implementation area, etc.

C. On February 22, 2002, the Intervenor Union entered into a provisional contract with the Intervenor Company for Cju-gu Apartment Reconstruction Corporation.

On July 24, 2002, the Intervenor Association obtained authorization from the Defendant for establishment of a reconstruction association consisting of 1,118 members pursuant to Article 44 of the Jeju Promotion Act.

(e) The intervenor union shall establish the same year from June 11, 2003 to the same year.

8. Until October 14, 200, H apartment and I apartment were collected from 886 persons (in numerical value, including 422 persons already agreed at the general meeting of October 28, 2001), among 1,321 owners of land, etc. of H apartment and I apartment, “a written confirmation of selection of construction work”, and the written confirmation.