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(영문) 부산지방법원 2016.04.01 2015구합210
조합설립인가무효확인등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant Litigation Intervenor AL District Housing Redevelopment and Rearrangement Project Association (hereinafter “instant partnership”) is a housing redevelopment and rearrangement project partnership which has obtained authorization from the Defendant to implement the housing redevelopment and rearrangement project (hereinafter “instant project”) with the Busan Dong-gu AM as the project implementation district, and the Plaintiffs are the owners of land or buildings within the project implementation district of this case.

B. On January 23, 2006, the AL District Housing Redevelopment Project Establishment Promotion Committee (hereinafter “instant Promotion Committee”) approved the establishment of the Defendant on January 23, 2006, and drafted written consent to establish the Housing Redevelopment Project (hereinafter “instant consent”) from the owners of land, etc. in the rearrangement zone, and held an inaugural general meeting for the establishment of the instant association on June 29, 2007, and applied for authorization to establish the association to the Defendant on July 25, 2007.

C. On September 21, 2007, the Defendant approved the instant promotion committee to establish an association for housing redevelopment project (hereinafter “instant disposition”), and the instant association completed the registration of incorporation on October 9, 2007.

On the other hand, on May 23, 2007, the Mayor of Busan Metropolitan City designated and publicly announced the 31,550 square meters wide AM in the Dong-gu Busan Metropolitan City (hereinafter “instant improvement zone”) as a housing redevelopment improvement zone.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 2 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings.

2. The defendant's intervenor in the judgment on the defense of the safety at issue is merely a supplementary administrative act, and there is a defect in the establishment resolution of the association, and there is no legal interest in the lawsuit seeking nullification of the disposition at issue.

A disposition to establish an association conducted by an administrative agency on the basis of relevant laws, such as Act on the Maintenance of Urban and Residential Environments, is simply a private person.

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