beta
(영문) 인천지방법원 2016.12.22 2014구합1431

조합설립인가취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 12, 2007, the Defendant designated the size of 987,539.3 square meters as “B urban renewal acceleration district” in the former Special Act on the Promotion of Urban Renewal (amended by Act No. 8786 of Dec. 21, 2007), which is an urban renewal acceleration district (hereinafter “instant promotion district”), and the A zone within the said district, etc. as a housing redevelopment district and decided to promote the housing redevelopment project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8352 of Apr. 6, 2007).

B. On September 17, 2010, the Plaintiff Union held an inaugural general meeting and obtained consent from a majority of the owners of land, etc., and obtained a disposition to establish an association from the Defendant on October 27, 2010.

C. Around December 10, 2013, the Defendant: (a) received an application from 748 owners of land, etc. in the above zone to revoke authorization to establish an association; and (b) confirmed that 746 persons among 1,434 persons are consenting to the dissolution of the association (excluding Chapter 1 and Chapter 1, which appears to have been submitted by another person despite the submission of a written consent for dissolution by 748 persons); and (c) on February 10, 2014, the Defendant revoked authorization to establish an association (hereinafter “instant disposition”) pursuant to Article 16-2(1)2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 12957, Dec. 31, 2014; hereinafter “former Urban Improvement Act”); and (d) announced it.

(Notice C of Busan City). D.

On the other hand, on February 24, 2014, the Defendant intended to revoke the designation of the instant promotion district and housing redevelopment improvement zone because it could not achieve the purpose of the designation of the instant promotion district, and issued an administrative pre-announcement to the effect that the owners of land, etc. in the zone who wish to continue to implement the designation after converting the district into a rearrangement project under the former Urban Improvement Act may prepare a written consent for conversion by April 2, 2014

E. On July 7, 2014, the Defendant is an application for the cancellation or dissolution of a multiple business area.