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(영문) 서울고등법원 2015.11.13 2015누32911
주택재개발정비사업조합 설립인가 무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the costs of supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties, or in full view of the purport of the entire pleadings in the statements in Evidence Nos. 6-2, Eul 5, 7, 23, Eul 1-4, Eul 5-1, 2, Eul 6, Eul 7-1, 2, Eul 8, 8, 9, 16.

On July 30, 2007, the defendant designated urban renewal acceleration districts and housing redevelopment project districts. (1) On July 30, 2007, the defendant publicly announced the 2,248,282 square meters of E/F day in light of the Gyeonggi-do public notification D, which is designated as urban renewal acceleration districts.

② On December 4, 2009, the Defendant changed the area into 2,281,110 square meters by incorporating or excluding part of the public facilities, such as the existing omitted lots, side roads, and neckside roads, among the said urban renewal acceleration district, into G-do announced G-do public announcement, and the Defendant determined the urban renewal acceleration plan and publicly announced it.

③ Of the above urban renewal acceleration district zone, H 163,168.6 square meters (C zone; hereinafter referred to as “instant improvement zone”) were determined as a housing redevelopment project zone to create a pleasant residential environment through the improvement of residential environment and the improvement of infrastructure.

B. Approval of the committee for promotion of the establishment of an association (hereinafter “owner of land, etc.”) was made by the owners of land or buildings in the instant rearrangement zone with the consent of a majority, and filed an application for the approval thereof with the Defendant by organizing the committee for promotion of the redevelopment of housing in C district (hereinafter “instant promotion committee”).

② On December 23, 2010, the Defendant issued approval to the instant promotion committee on the ground that the consent ratio was 53.74% (number of consenters 1,395 / number of landowners 2,597 Eul and evidence 1-2,596 people appears to be clerically written.). The Defendant issued approval to the instant promotion committee on the ground that it conforms to the relevant statutes, such as Article 13 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

C. ① The instant promotion committee, including holding an inaugural general meeting of the instant promotion committee, shall hold an inaugural general meeting of the Housing Redevelopment and Development Project Association (hereinafter “instant inaugural general meeting”) on October 17, 201 and hold the association’s articles of association.

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