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(영문) 서울행정법원 2018.05.18 2017구합63399
조합설립인가취소
Text

1. The Defendant’s establishment authorization for the Defendant’s Intervenor as of January 31, 2017 is revoked.

2. Of the costs of lawsuit, the defendant's supplementary participation.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant is a housing reconstruction and maintenance project partnership that obtained authorization to establish the association (hereinafter “instant disposition”) from the Defendant on January 31, 2017 in order to implement a reconstruction improvement project in Seocho-gu Seoul Metropolitan Government B, 17,712 square meters (hereinafter “instant land”). The Plaintiffs and the Intervenor joining the Plaintiffs are co-owners of the instant land-based commercial buildings (hereinafter “instant commercial buildings”).

B. The instant land is registered as co-ownership of the sectional owners of three apartment units on the ground (hereinafter “instant apartment”), co-owners of the instant shopping district and C Co., Ltd. (hereinafter “C”). Co-owners of the instant shopping district are 48 persons including the Plaintiffs and the Intervenor, and the area corresponding to the part of the site of the instant shopping district among the instant land is 2,863 square meters.

C. The Defendant’s Intervenor’s establishment promotion committee for the Defendant’s establishment of the partnership (which does not distinguish the Defendant’s Intervenor and the Defendant’s Intervenor’s establishment promotion committee, and refers to the Defendant’s Intervenor’s establishment without distinguishing it from the Defendant’s establishment promotion committee) is registered as 48 persons in the instant commercial building while proceeding with the agreement to establish the Defendant’s establishment, so only one representative is deemed to be the owner of land, etc., and the sectional owner of each apartment building does not exceed 5 persons by each group of apartment buildings, and the requirements for “the consent of the majority of sectional owners by each group of multi-family housing” under Article 16(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb

As above, the Intervenor joining the Defendant calculated the number of owners of land, etc. of the instant commercial building as one, and calculated as 318 of the total number of owners of land, etc. in the rearrangement zone, and 13,542.8 square meters of the total land size of 17,712 square meters.

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