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(영문) 대구지방법원 2020.12.09 2019구합22585
조합설립인가무효확인등
Text

1. The plaintiffs listed in the [Attachment 2, 7, 8, 11, 12, and 14 List Nos. 2, 7, 8, 12, and 14 against the head of the Gu of Daegu Metropolitan City

Reasons

1. Basic facts

A. Defendant A District Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant A”) is the redevelopment and rearrangement project association established to implement the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in the Jung-gu Daegu-gu Seoul-gu 26,712 square meters (hereinafter “instant rearrangement zone”).

B. The Defendant Cooperative held an inaugural general meeting on June 10, 2014 and obtained authorization for the establishment from the head of the Junggu Metropolitan City (hereinafter “the head of the Defendant Jung-gu”) on July 21, 2014.

(hereinafter referred to as “instant association establishment authorization disposition”). C.

On April 17, 2018, the Defendant Union obtained authorization from the head of the Gu with respect to the implementation plan of the project in this case (hereinafter referred to as the "project implementation plan in this case") from among the Defendant, and the head of the Gu among the Defendant announced the approval of the project implementation plan on April 20, 2018

(G) Daegu Central District Public Notice C. D.

On May 4, 2018, the Defendant Union issued a notice of application for parcelling-out to the Plaintiffs who owned land or buildings within the instant improvement zone during the period of application for parcelling-out from May 8, 2018 to June 7, 2018, and issued a notice of application for parcelling-out to Daegu Japan.

On the other hand, the plaintiffs did not file an application for parcelling-out with the defendant association.

E. On February 25, 2019, the Defendant Union obtained authorization from the head of the Gu with regard to the management and disposition plan of the instant project (hereinafter “instant management and disposition plan”) from among the Defendant, and the head of the Gu among the Defendants publicly notified the above management and disposition plan on February 28, 2019.

(D) On the other hand, the Plaintiffs listed in [Attachment 2, 7, 8, 12, and 14] List Nos. 2, 8, 12, and 14 agreed to establish the Defendant Cooperative at the time of the inaugural general meeting (hereinafter “instant inaugural general meeting”) on June 10, 2014 for the establishment of the Defendant Cooperative, and the Plaintiff listed in [Attachment 11] No. 11 of the Plaintiff List No. 11, which was after the establishment of the Defendant Cooperative, shall register the ownership of the land and its ground buildings located within the instant rearrangement zone on November 17, 2017.

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