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(영문) 서울고등법원 2017.08.18 2016누39100
조합설립변경인가 무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal shall include all the parts arising from the defendant’s participation.

Reasons

1. Details of the disposition;

A. Pursuant to Article 3 subparagraph 9 of the former Housing Construction Promotion Act (amended by Act No. 6836, Dec. 30, 2002; hereinafter the same), the intervenor was a reconstruction association established by 27 owners of existing houses for the purpose of removing old and inferior houses of 1,875 square meters in the Dongjak-gu Seoul Metropolitan Government (hereinafter “the previous rearrangement zone”) and constructing houses on the removed site. The defendant approved the establishment of the intervenor pursuant to Article 44(1) of the former Housing Construction Promotion Act on Oct. 15, 2001 (hereinafter “instant disposition to approve the establishment of the association”). The intervenor’s name at the time of the approval to establish the association of this case was “Aeit Housing Reconstruction Association,” but on Jun. 15, 2012, its name was changed to “Ye Housing Reconstruction Project Association,” as seen thereafter.

In this chapter, regardless of the change of its name, the term “an intervenor” is referred to as “an intervenor.”

Since then, there was no particular progress in the reconstruction project.

B. On January 12, 2012, the Mayor of Seoul Metropolitan Government designated the total area of 20,520.3 square meters in the Dongjak-gu Seoul Metropolitan Government as an improvement zone (title: Y house reconstruction improvement zone; hereinafter “new improvement zone”) prescribed in Article 4 of the former Urban Improvement Act (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Urban Improvement Act”). The previous improvement zone in the said new improvement zone includes the entire previous improvement zone.

C. On June 5, 2012, the Intervenor entered the purpose as “re-building under the Urban Improvement Act” and completed the registration of incorporation (the title at the time of the registration of establishment was still “AAly established reconstruction association”), and on June 8, 2012, the Intervenor applied to the Defendant for the change of the name as at present to “YY Housing Improvement Project Association” pursuant to the proviso of Article 16(2) of the former Urban Improvement Act and Article 27 subparag. 1 of the former Enforcement Decree of the Urban Improvement Act (amended by Presidential Decree No. 24007, Jul. 31, 2012; hereinafter the same).

Accordingly, the defendant is the intervenor's status on June 15, 2012.

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