조합설립인가가처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of the lawsuit shall include all costs resulting from the participation.
1. Details of the disposition;
A. On December 8, 2006, J Housing Reconstruction Promotion Committee (hereinafter “instant promotion committee”) obtained approval from the Defendant to establish a promotion committee for the establishment of a partnership in order to implement a housing reconstruction project whose project area covers 160,256m2 (hereinafter “instant project area”) of the Jung-gu, Daejeon Special Metropolitan City.
B. On March 6, 2009, the Daejeon Metropolitan City Mayor announced a decision on the designation and improvement plan of the rearrangement zone in which the instant project zone is designated as a housing reconstruction rearrangement zone. On April 27, 2011, the Defendant, as the chairperson (M), auditor, promotion committee member, and operational regulations of the instant promotion committee were modified, approved the establishment and alteration of the promotion committee of the partnership (hereinafter “approval for the establishment and alteration of the instant promotion committee”).
(c)
On May 14, 2019, N was the representative proposing on May 14, 2019 and requested the Promotion Committee of this case to call an inaugural general meeting (hereinafter “request for call of this case”) accompanied by “written proposal for convening an inaugural general meeting” of at least 274 persons who are at least 1/5 of the owners of the land, etc. in the project area of this case.
(d)
N, as the instant promotion committee did not comply with the instant request for convocation, on June 14, 2019, publicly announced the convocation of the inaugural general meeting, and accordingly, on June 29, 2019 (hereinafter “instant inaugural general meeting”).
E. In accordance with the resolution of the inaugural general meeting of the instant case, the instant promotion committee filed an application with the Defendant for authorization to establish a housing reconstruction and improvement project association on July 9, 2019, and on September 11, 2019, the Defendant gave consent to the instant promotion committee on September 81, 201 to 630 owners of the land, etc. located within the instant promotion committee (the consent rate of 77.68%).
In light of the foregoing, the organization of the Intervenor was authorized (hereinafter “instant disposition”).
F. The Plaintiffs own land and buildings within the instant business zone.