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(영문) 부산지방법원 2019.07.25 2018구합24958
조합설립인가무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

Details of the disposition

On December 6, 2005, the defendant approved the composition of the committee for the promotion of the establishment of the Housing Redevelopment and Improvement Project Association in the D Zone (hereinafter referred to as the "instant promotion committee").

(hereinafter “instant approval disposition”). On November 8, 2006, the Busan Metropolitan City Mayor designated the area of the housing redevelopment project (hereinafter “instant improvement zone”) with the area of the zone in which the housing redevelopment project is located and publicly announced as the area in which the housing redevelopment project is located.

On December 28, 2006, the instant promotion committee applied for authorization to establish an association with 164 written consent to establish an association among 203 owners of the land, etc. in the instant improvement zone (hereinafter “instant written consent”).

On January 30, 2007, the Defendant approved the establishment of the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”).

(hereinafter “instant authorization disposition”). Meanwhile, the Plaintiffs are owners of land, etc. in the instant rearrangement zone, who did not consent to the Intervenor’s establishment.

[Ground of recognition] The Plaintiff’s assertion as to the invalidity of the instant authorization disposition of this case as to facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1 and 2 (including those with serial numbers; hereinafter the same shall apply), the purport of the entire pleadings, as a whole, is null and void as the following grounds for illegality.

Of the instant written consent, ①F (No. 43), G (No. 73), there is no seal imprint seal imprint in each written consent for the establishment of the association, ② in the case of H and I (No. 75), all co-owners, who are not the representative partner, have signed and sealed the written consent for the establishment of the association. ③ In the case of J and K (No. 101), the designation of the representative partner was omitted in the written consent for the appointment of the representative partner, ④ in the case of L and M (No. 132), the designation of the representative partner was omitted, ⑤ in the case of L and M (No. 4), P, Q, R (No. 10), S, T (No. 12), U, V (No. 13), W, X (No. 16), Z (No. 27), AB, ABL (No. 293, A334, A. 36, A. 34, A.M. (No. 136), A. net, A.3634, A.

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