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(영문) 수원지방법원성남지원 2016.03.24 2015가합1426
주민대표회의구성 등 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Prior to the amendment by Act No. 11059 on September 16, 201, of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on November 26, 2008

c. The term “former Urban Improvement Act” (hereinafter referred to as “former Urban Improvement Act”).

(C) As part of the urban environment rearrangement project prescribed in the Urban Environment Improvement Project Act, the Seoul Special Metropolitan City Mayor 233,397 square meters of HJ in Jung-gu, Seongdong-gu, Sungnam-gu as part of the urban environment rearrangement project (hereinafter “instant rearrangement zone”).

(B) On November 27, 2008, the Korea National Housing Corporation was designated and publicly announced as the project implementer of the instant rearrangement zone, i.e., Sungnam City’s announcement. At the time, the representative of the Defendant, on June 29, 201, filed an application for approval of the organization of the resident representatives’ meeting with the consent of a majority of the owners in the instant rearrangement zone, on the ground that the Defendant met the requirements for the resident representatives’ meeting with the consent of a majority of the owners in the instant rearrangement zone, and on August 17, 2011, the Sungnam City approved the application on the ground that the Defendant obtained consent of 1208 of the total owners of the land, etc. on August 17, 2011.

2. As to the instant lawsuit seeking confirmation of invalidity on the ground that the consent of the owner of a plot of land, etc. for the Defendant’s composition had not gone through lawful procedures, the Defendant’s defense to the effect that the instant lawsuit seeking confirmation of invalidity is unlawful on the ground that the approval of the organization of the resident representatives’ meeting, which is based on the former Urban Improvement Act, by an administrative agency, granted the status of an administrative body to the resident representatives’ meeting as an administrative body, and that the approval of the organization of the resident representatives’ meeting is merely one of the requirements necessary to take the above administrative disposition, and that the consent to the organization of the resident representatives’ meeting is merely one of the requirements necessary to take the above administrative disposition.

The resident representatives' meeting shall be the Gu.

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