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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of the lawsuit shall include the costs resulting from the participation.
Reasons
1. Details of the disposition;
A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an urban environment improvement association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) for the purpose of implementing an urban environment improvement project in the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City, and the designated parties including the Plaintiff (appointed party; hereinafter referred to as the “Plaintiff”) are owners of land, etc. in the instant project zone.
B. On May 24, 2010, the Defendant: (a) deemed that the Intervenor was given consent to establish an association (which constitutes the consent ratio of 77.23%; hereinafter “instant consent”) from 78 owners of land, etc. within the instant project zone; and (b) approved the Intervenor’s establishment on May 24, 2010.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1, Gap’s evidence 2-1 through 4, the purport of the whole pleadings and arguments.
2. Whether the instant disposition is lawful
A. The disposition of the Plaintiff’s assertion in this case is null and void due to a significant and apparent defect for the following reasons.
1) The promotion committee organized to establish the Intervenor (hereinafter “instant promotion committee”)
(2) The instant written consent should be deemed null and void, given that the instant written consent is obtained from the owners of land, etc. without going through a resolution of the residents’ general meeting and obtaining consent from the owners of land, etc. to establish an association without disclosing the draft articles of association.
3 Except for defective written consents as follows, the consent rate for the establishment of an intervenor shall be less than 75%, which is the minimum standard prescribed in the Urban Improvement Act.
(1) - 9 cases drawn up after the public notice date of convening the inaugural general meeting: D, E, F, G, H, I, J, K, and L. - 4 cases set up after the date of holding the inaugural general meeting, F, I, J, and L. 3.