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(영문) 대전지방법원 2020.06.17 2019구합103026
조합설립인가무효확인 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Defendant B financial expense promotion zone, housing redevelopment and consolidation project association (hereinafter “Defendant Association”) is the redevelopment association which obtained authorization from the head of the Gu of Daejeon Metropolitan City in order to implement the housing redevelopment improvement project by converting the area of the project into the area of the project (hereinafter “instant project area”) of the area of the Seoul-gu Daejeon-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) of 46,49 square meters (hereinafter “48,305 square meters”).

B. The plaintiff is an incorporated foundation that owns inspection within the instant business zone, and is a member of the defendant's association.

C. The Promotion Committee for the Establishment of Housing Redevelopment Improvement Project in Zone B (hereinafter “instant Promotion Committee”) obtained approval from the Promotion Committee on July 26, 2005 for the purpose of housing redevelopment project in the instant project area, held an inaugural general meeting of the Association on January 27, 2007. On May 25, 2007, the Defendant Daejeon Metropolitan City filed an application for authorization for the establishment of the association with the documents stipulated in each subparagraph of Article 7(1) of the former Enforcement Rule of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Ordinance No. 594 of December 13, 2007; hereinafter “Enforcement Rule of the former Act”).

Accordingly, on November 9, 2007, the head of the Gu in Daejeon Metropolitan City approved the establishment of the defendant association by 238 (80.40%) out of 296 owners of the land, etc. in the instant project zone, etc. (80.40%) to meet the consent rate stipulated in Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785 of Dec. 21, 2007; hereinafter the "former Act"), and approved the establishment of the defendant association.

(hereinafter referred to as “instant authorization disposition”). (e)

Around July 29, 2009, the Defendant Union filed an application for authorization for the establishment of an association with the content of changing the name, area, executive officers, etc. of the instant business area along with minutes of an extraordinary general meeting, etc., and the Defendant filed an application for authorization for establishment of an association on August 11, 2009.

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