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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Basic facts
A. On January 11, 2001, the head of Busan Metropolitan City publicly announced the redevelopment master plan pursuant to the former Urban Redevelopment Act (repealed by Act No. 6852 of Dec. 30, 2002), and designated the Busan Metropolitan City as a housing redevelopment master plan, and as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) was enacted and implemented, the above redevelopment master plan was deemed as the master plan under the Urban Redevelopment Act.
B. B Promotion Committee for the Establishment of Housing Redevelopment Project Cooperatives (hereinafter “Promotion Committee”) was organized for the purpose of establishing an association for implementing housing redevelopment projects in the said basic housing redevelopment project zone, and the Defendant approved the establishment of the Promotion Committee on May 31, 2005.
C. On January 11, 2006, the Busan Metropolitan City Mayor designated and publicly announced 26,408 square meters of the said basic housing redevelopment project zone as a housing redevelopment improvement zone (hereinafter “instant improvement zone”). D.
On August 20, 2015, the Plaintiff applied for dissolution of the instant promotion committee to the Defendant on August 20, 2015. However, on September 16, 2015, the Defendant notified the Plaintiff on September 16, 2015, that the period of dissolution is 43.47% by submitting a legitimate written consent for dissolution among 166 owners of land, etc. within the instant improvement zone, and that the number of 350,000 of the owners of land, etc. who agreed to the organization of the said promotion committee is 33.01% of the consent ratio for dissolution (amended by Act No. 13912, Jan. 27, 2016; hereinafter the same) was insufficient to accept the said application for dissolution.
E. On January 23, 2016, the instant promotion committee held an inaugural general meeting on the establishment of the association and resolved 17 agenda items, including the cases of election of partnership officers.
The instant promotion committee applied for authorization to establish an association on January 28, 2016 to the Defendant, and the Defendant is within the rearrangement zone of this case on February 19, 2016.