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1. The Defendant’s revocation of approval for the establishment of an association against the Plaintiff on October 27, 2014 shall be revoked.
2...
Reasons
1. Details of the disposition;
A. On July 18, 2006, the Plaintiff obtained approval for establishing an association by the Defendant with the consent of 128 of the owners of lands, etc. among the 208 owners of lands, etc. to implement a housing reconstruction improvement project whose project area covers A, Japan-gu, Seoul Special Metropolitan City (title: B house reconstruction rearrangement zone; hereinafter “instant rearrangement zone”).
B. C filed an application with the Defendant for dissolution on October 22, 2014, accompanied by the written consent to dissolution of 124 copies, and on October 27, 2014, the Defendant issued a disposition revoking the Plaintiff’s approval on the ground that 124 of the owners of lands, etc., on October 27, 2014, among 244 owners of lands, etc., consented to dissolution (50.81%) satisfies the requirements of Article 16-2(1)1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
【Reasons for Recognition】 Each entry in the evidence (including paper numbers) of subparagraphs 1 through 5 (including paper numbers), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Since a considerable number of the written consent to dissolution submitted to the Defendant by the Plaintiff was invalid for the following reasons, the instant disposition was unlawful against Article 16-2(1) of the Urban Improvement Act.
1) The “K” recorded in each preparatory document dated February 25, 2015 and April 9, 2015 by the deceased D Plaintiff appears to be a clerical error in light of the descriptions of evidence A No. 13 (family relation certificate) (hereinafter “the deceased”).
The co-inheritors E, F, G, H, I, and J submitted their written consent of dissolution without selecting one representative against Article 28(1)2(a) of the Enforcement Decree of the Act on the Maintenance of Urban Areas and Dwelling Conditions. 2) In order to be recognized as an expression of consent to dissolution of an effective association establishment promotion committee, the owner of a plot of land, etc. must affix an obstacle to the owner of a plot of land, etc. in accordance with Article 17(1) of the Act on the Maintenance of Urban Areas and Dwelling Conditions, but the written consent of the owner of a plot of land, etc