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(영문) 서울행정법원 2019.07.26 2018구합62577
조합설립인가무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. An intervenor is designated and publicly announced as a master plan for rearrangement on March 18, 2010, and an urban environment rearrangement project association established upon authorization for establishment of an association from the Defendant on July 12, 2017 (hereinafter “instant authorization for establishment”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in Yongsan-gu Seoul, which was designated and publicly announced as an urban environment improvement zone on July 9, 2015.

The plaintiff is a stock company that owns a total of 4,192 square meters of land area in Yongsan-gu Seoul Metropolitan Government and is a member of the intervenor.

B. On May 11, 2016, D, the representative of the Intervenor, obtained approval from the Defendant on the composition of the committee for promotion of the establishment of an urban environment improvement project association (hereinafter “instant committee for promotion”) for the purpose of establishing an urban environment improvement project within the instant project zone (hereinafter “instant committee for promotion”), and again, on March 2, 2017, filed an application with the Defendant for the establishment or alteration of the committee for promotion of the establishment of an urban environment improvement project association (hereinafter “instant committee for promotion”) among 108 owners of land, etc. (59.26%) among 108 owners of land, etc. in the instant project zone in the instant project zone, on the premise that he/she lawfully received consent for the establishment or alteration of the committee for promotion of the urban environment improvement project association (hereinafter “instant committee for promotion”) on March 2, 2017.

(A) Evidence No. 5) (c)

The instant promotion committee established as above goes through the inaugural general meeting of the association for the enactment, etc. of the articles of association on May 26, 2017, and applies for authorization to establish the association, along with the written consent for the establishment of the instant promotion committee, from owners of land, etc. who did not submit the written consent for the establishment of the promotion committee (hereinafter “written consent for the establishment

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