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(영문) 서울행정법원 2019.04.12 2017구합76456
사업시행변경인가처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

In order to establish a reconstruction association pursuant to Article 44-3 (7) of the former Housing Construction Promotion Act (amended by Act No. 6852 of Dec. 30, 2002; hereinafter the same shall apply), housing owners who have consented to the establishment of a housing reconstruction association for land in Gangnam-gu Seoul, such as the establishment of a previous association under the Housing Construction Promotion Act shall hold an inaugural general meeting with 160 persons among 311 consenters on April 10, 200 and passed a resolution with the consent of all the members participating in the rebuilding resolution with a total floor space of 92,790 square meters, building area of 5,484 square meters, building area of 29,79 square meters, building area of 29,79 square meters, building area of 5,48

(2) A cooperative established by the above inaugural general meeting (hereinafter referred to as the “previous cooperative”). A previous cooperative applied for safety inspection of the said rebuilding zone to the Defendant by dividing the said rebuilding zone from 1 block to 7 block on November 4, 2002, and applied for each block. Around March 31, 2003, it was determined to be an old-quality and inferior house subject to safety inspection as an old-quality and inferior house.

On June 26, 2003, the defendant was notified that the block was subject to reconstruction as a result of safety diagnosis.

Therefore, on June 24, 2003, the previous union held a general meeting of 174 members among 316 members of the association (five members of the association after the inaugural general meeting), and applied for authorization to establish the association first for 1-4 blocks that passed the safety inspection while changing the contents of the previous reconstruction resolution and reconstruction project with the consent of all members present at the meeting, but the remaining 5-7 block is subject to safety inspection and its result.

On June 26, 2003, the number of 173 owners of land, etc. of one-fourth block among the members of the previous association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, among the members of the association, filed an application for authorization to establish an association with the project zone of 12,389.25 square meters (1-4 block) on June 26, 2003, and from the head of Gangnam-gu Seoul Metropolitan Government on June 30, 2003.

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