1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Details of the disposition

A The Seongbuk-gu Seoul Metropolitan Government Promotion Committee for Housing Redevelopment Improvement Project (hereinafter referred to as the "Promotion Committee of this case") set up an association as a rearrangement zone with the size of 80,145 square meters (hereinafter referred to as the " rearrangement zone of this case"), and held an inaugural general meeting of the partnership on August 12, 2008 after obtaining approval for establishment from the defendant on August 16, 2004, and applied for authorization for establishment of the association to the defendant on June 19, 2008

On July 30, 2008, on the ground that 312 of the owners of land, etc. (39 landowners, 5 building owners, 366 landowners) consented (76.09%) and met the consent rate prescribed by the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 9444, Feb. 6, 2009; hereinafter “former Act”), the Defendant approved the establishment of the Intervenor joining the Defendant (hereinafter “instant association”).

(hereinafter “instant disposition”). The Plaintiffs are owners of land, etc. in the instant improvement zone.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the entire argument as to the legitimacy of the disposition of this case, there are the following significant defects in calculating the plaintiffs' consent to establish the association and the defendant's consent rate. It is clear that the defendant can fully know the above defects through the application documents submitted by the promotion committee of this case.

Therefore, the instant disposition is null and void.

Article 26 (1) 1 and 2 of the former Enforcement Decree of the Urban Improvement Act (amended by Presidential Decree No. 21679, Aug. 11, 2009; hereinafter the same) provides that “a summary of the design of a building to be constructed” and “a rough amount of expenses incurred in the removal and new construction of a building” shall be the public column in the written consent for establishing an association, which was drafted by the instant promotion committee from the owners of land, etc., and the instant promotion committee supplemented the said public disturbance without the authority to supplement it.