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(영문) 창원지방법원 2014.02.11 2010구합4016
조합설립인가취소등
Text

1. Of the instant lawsuits, the claim for nullification of the approval for establishment of the I district Housing Redevelopment Project Association is filed.

Reasons

1. Details of the disposition;

A. On February 22, 2006, the Defendant rendered a disposition of approval for the formation of the I district Housing Redevelopment Promotion Committee (hereinafter “existing Promotion Committee”) with the area where the J 92,059 square meters is scheduled to implement the project.

B. Since then, the existing promotion committee promoted a housing redevelopment improvement project (hereinafter “instant project”) under the urban residential environment improvement plan (hereinafter “basic plan”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), or an improvement zone was not designated, and the existing promotion committee designated and publicly announced as the project improvement zone of this case by the Gyeongnam-si Do governor on January 25, 2008.

C. Since then, the Plaintiff A and the owners of the land located in the instant project implementation scheduled zone and the ground buildings thereto, who have opposed to the establishment of the existing promotion committee, filed a lawsuit seeking nullification of the approval for establishment of the existing promotion committee by the Changwon District Court 2007Guhap2379.

The above court rendered a judgment in favor of the plaintiff on June 5, 2008 on the ground that the fact that the approval for establishment of the promotion committee was serious defect that was made before the designation of the improvement zone without a master plan was established, and that the above judgment became final and conclusive on December 9, 2008.

On December 30, 2008, the Defendant (the “Masan City Mayor” before the change of the administrative district) again issued an approval [the area of 96,622 square meters, 675 square meters, 61.85% of the owners of land, etc., 51.85% of the consent rate (350/675), 68 members of the Committee, and the date of application for the approval of establishment].

E. On May 17, 2010, the instant promotion committee applied for authorization to establish a housing redevelopment project to the Defendant, and the Defendant is below the Defendant’s Intervenor’s Intervenor’s partnership on August 31, 2010.

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