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(영문) 서울행정법원 2013.06.14 2012구합37456
강남아파트주택재건축정비사업조합변경등무효확인
Text

1. All of the claims in this case shall be dismissed.

2. The plaintiffs' preliminary claims are all made.

Reasons

1. Circumstances for changes in the establishment of association;

A. The Intervenor joining the Intervenor (hereinafter referred to as the “ Intervenor”) is a reconstruction and maintenance project association established to remove the A apartment 17 Dongs (hereinafter referred to as “A apartment”) located in the area of 18,686m2 (hereinafter referred to as “existing area”) from the Seoul Special Metropolitan City, Gwanak-gu I and five lots (hereinafter referred to as “A apartment”) and reconstruct the apartment house on the ground.

B. On May 18, 1995, the Intervenor Union completed the registration of incorporation as a reconstruction maintenance project association pursuant to Article 18(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 16, 2005; hereinafter “Enforcement Decree”) and Article 3 of the Addenda (amended by Presidential Decree No. 11293, Dec. 30, 2002) after obtaining authorization for establishment as a housing association from the Defendant pursuant to Article 44 of the former Housing Construction Promotion Act (amended by Act No. 5451, Dec. 13, 1997).

C. The Defendant extended the existing project implementation district and applied for the designation of the rearrangement zone to the Seoul Special Metropolitan City Mayor on November 24, 2005 at the request of the Intervenor’s association, which requested the designation of the 26,941 square meters of I and 28 parcels (hereinafter “the altered zone”) outside the existing zone as the rearrangement zone.

Accordingly, the Mayor of Seoul Special Metropolitan City on January 12, 2006 designated a modified zone as a A apartment house reconstruction improvement zone (J of Seoul Special Metropolitan City), and the plaintiffs own land or buildings in the additional zone as shown in the list of real estate attached Table 1.

E. On October 15, 2007, the Intervenor Union held a general meeting for administration and disposal and passed a resolution to extend the project implementation district stipulated in Article 3 of the association’s articles of incorporation into an existing zone, and then received a disposition for authorization for the establishment and alteration of an association from the Defendant on February 5, 2008 (the consent rate of 80.8% was agreed by 669 persons from among 828 landowners of land, etc.) by reflecting the above amendment of the project implementation district and the articles of incorporation.

(f) Three members of the Intervenor’s association.

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