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(영문) 서울행정법원 2012.09.06 2012구합8175

시공사선정신고수리처분등무효확인

Text

1. The defendant limited to Hyundai Construction Co., Ltd., Ltd. in the defendant joining the defendant on August 14, 2003.

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 D Apartment Zone Development (Notice E of Seoul Special Metropolitan City) under Article 20 of the former Housing Construction Promotion Act (amended by the Housing Act on May 29, 2003; hereinafter the same shall apply) as follows.

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. In the execution zone (139,753.9 square meters) of the housing reconstruction project of the above Cju-gu (hereinafter “instant housing reconstruction project”), the said Cju-gu housing reconstruction project includes 7 apartment buildings and related complexes (H apartments, I apartments, J apartments, K apartments, L apartments, M apartments, and single houses). Among them, it refers to the owners of buildings and land annexed thereto located in the rearrangement zone, such as the land of H apartments and I apartments.

(Article 2 subparagraph 9 (b) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Article 2 subparagraph 9 (b) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents). On October 28, 2001, the parties held an inaugural general meeting of the Cju Housing Reconstruction Improvement Project and resolved on the partnership agreement with members of H apartments, owners of land, etc. of I apartments, and the project implementation area of which is 139,753.9 square meters. On the other hand, 1,958 owners of the entire land, etc. within the project area of the instant case (the land owners of H apartments and I apartments at the same time are 1,321 persons), 59 persons from among the owners of the entire land, etc.

C. On February 22, 2002, the Intervenor’s Intervenor Cju Housing Reconstruction Project Association (hereinafter “ Intervenor Union”) and the Intervenor’s Hyundai Construction Co., Ltd. entered into a provisional contract for the Housing Reconstruction Project on February 22, 2002, the housing site area under the provisional contract is approximately 42,75.5 square meters x 3.305 square meters x 139,753.9 square meters.

After that, on July 24, 2002, the Intervenor Union was authorized to establish an association by the Defendant pursuant to Article 44 of the former Housing Construction Promotion Act.

E. Meanwhile, the Intervenor Union from June 11, 2003 to the same year

8. up to 14.