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(영문) 서울고등법원 2014.07.11 2014누41178
조합설립인가무효확인등
Text

1. In the judgment of the first instance, the composition approval disposition against the Establishment Promotion Committee of the B Housing Reconstruction Project Association shall be invalidated.

Reasons

1. Basic facts

A. On March 23, 2006, the Mayor of the Seoul Special Metropolitan City announced the Eunpyeong-gu Seoul Metropolitan Government master plan to improve the urban and residential environment, and publicly announced the 26,009m2 as the zone to be planned to be improved.

B. The Committee for Promotion of the Establishment of the B Housing Reconstruction Improvement Project (hereinafter “instant Promotion Committee”) falling under the Intervenor’s telegraph was reduced to 23,260 square meters at the time of the designation of the rearrangement zone on December 24, 2009 (23,260 square meters at the time of the designation of the rearrangement zone on December 24, 2009; hereinafter “instant rearrangement zone”) and was approved by the Defendant on December 29, 2006 (hereinafter “instant rearrangement zone”).

C. At the time, the Defendant: 26 landowners in the instant rearrangement zone, 2 building owners, 190 housing owners, and 190 landowners; among 190 housing and landowners, 99 owners (52.11%) agreed to the composition of the instant promotion committee, thereby satisfying the consent requirements of a majority of owners of land, etc.

On June 18, 2012, the instant promotion committee obtained the consent of 140 persons (76.09%) out of 184 owners of land, etc. (160 owners of housing and land, incidental welfare facilities, and 24 landowners) in the instant improvement zone, and applied for authorization of the Intervenor’s establishment to the Defendant pursuant to Article 16(2) and (3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”).

E. On July 20, 2012, the Defendant: (a) calculated the number of owners of land, etc. in the instant rearrangement zone as 186 and agreed by at least 3/4 of them (at the consent rate of 76.34%); and (b) consented by at least 2/3 of the area of land and at least 67.48%; (c) granted authorization to establish an intervenor pursuant to Article 16 of the former Act (hereinafter “approval to establish an intervenor”).

(f).

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