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(영문) 서울행정법원 2018.08.17 2017구합7115
조합설립인가처분 무효 확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are members of the AHousing Reconstruction and Improvement Project Association (hereinafter “instant association”) established for the purpose of implementing the reconstruction improvement project in the Seoul Jung-gu Seoul Jung-gu 25,109 square meters (hereinafter “instant rearrangement zone”).

B. On June 29, 2003, a committee for promotion of the establishment of an association organized for the purpose of establishing the instant association (hereinafter “instant committee for promotion”) was held at an inaugural general meeting, and was subject to the Defendant’s disposition of approval for the establishment of an association (hereinafter “approval for the instant committee for promotion”) on December 30, 203.

C. On July 28, 2011, the Seoul Special Metropolitan City Mayor designated and publicly announced the instant rearrangement zone as a housing reconstruction zone pursuant to Article 4(4) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 12116, Dec. 24, 2013).

(hereinafter referred to as “designation and Public Notice of the Rearrangement Zone”).

On May 29, 2012, the instant promotion committee obtained authorization to establish the instant association from the Defendant (hereinafter “instant promotion committee”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. Whether the establishment of the association of this case is invalid

A. The Plaintiffs’ assertion that the establishment of the association is invalid for the following reasons.

1) The association establishment promotion committee cannot be established because it is impossible to determine the owners of land, etc. before the rearrangement zone is designated. The defendant was the Mayor of Seoul Special Metropolitan City before the designation and announcement of the rearrangement zone in this case on December 30, 2003, which was before the designation and announcement of the promotion committee in this case, and the approval disposition of the promotion committee in this case was null and void, and the authorization of the establishment in this case against the promotion committee in this case, which was subject to the invalid approval disposition, is also null and void (hereinafter referred to as the "the first head").

2) The promotion committee of this case applied for the association establishment authorization of this case.

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