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(영문) 광주고등법원 2019.06.27 2017누5552
조합설립추진위원회 승인처분 무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The plaintiff A was the chairperson of the Promotion Committee for the Establishment of Redevelopment Partnership in Areas D (hereinafter referred to as the "Promotion Committee of this case") related to the Housing Redevelopment Improvement Project (hereinafter referred to as the "Redevelopment Project") implemented in the Seo-gu, Seo-gu, Gwangju (hereinafter referred to as the "J"), and the plaintiff B and C are the residents of the redevelopment project area of this case.

B. On October 1, 2003, F applied for the approval of the instant promotion committee to the Defendant as the representative of the applicant of the promotion committee of this case.

C. On December 16, 2003, the Defendant: (a) deemed that the said application conforms to relevant provisions, such as “the applied area: 53,897 square meters, total number of lots of land: 793 lots of land: 493 persons: 415 persons; (b) 43 persons; and (c) the number of consenters: 237 persons (at the consent rate: 57.1%); and (d) rendered a disposition approving the instant promotion committee (hereinafter “instant prior disposition”).

The instant promotion committee held a promotion committee on May 4, 2015, and held an inaugural general meeting of the Intervenor’s Intervenor (hereinafter “ Intervenor’s Intervenor”) on June 26, 2015.

E. On October 8, 2015, the instant promotion committee filed an application with the Defendant for authorization to establish an association (hereinafter “instant application”) and the Defendant, on November 6, 2015, deemed that 316 of the number of owners of land, etc. on November 6, 2016 agreed to establish an association and the consent rate of 75.96% was 75.96%, to authorize the establishment of the Defendant’s Intervenor.

(hereinafter referred to as the "disposition of this case"). / [Grounds for recognition] / The entry in Gap's Evidence Nos. 1, 2, 3, 4, 29, 30, 384, Eul Evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The defense prior to the merits and the judgment thereon

A. The plaintiff A and B consented to the establishment of the intervenor's association before the merits of the defendant and the intervenor's association. Thus, there is no standing to sue to seek confirmation of invalidity of the disposition of this case.

Plaintiff

C Not only acquired the ownership of I land after the instant disposition.

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