1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Details of the disposition

The Promotion Committee for the Establishment of Partnership for Housing Redevelopment and Improvement Projects (hereinafter “instant Promotion Committee”) in order to implement the Housing Redevelopment and Improvement Projects (hereinafter “instant Promotion Committee”) whose project implementation district covers 194,398 square meters in Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “instant project district”) shall have obtained approval from the Defendant on October 27, 2009 for the establishment of an association promotion committee.

The chairperson D of the instant promotion committee resigned from the head of the promotion committee on March 31, 2016, and as a result, the promotion committee of this case examined the opinions of the person who accepted the representative director among the promotion committee members pursuant to Article 17(6) of the Operational Rules, the promotion committee E consented to the representative director performance on the same day from April 1, 2016, and performed the duties of the representative supervisor of the instant promotion committee from April 1, 2016.

On July 23, 2016, the instant promotion committee approved each of the following: “the resignation of the chairperson of the promotion committee and the appointment of the representative executor,” and “the case of holding an inaugural general meeting for the establishment of the association,” etc.

The instant promotion committee holds an inaugural general meeting on March 4, 2017 (hereinafter “instant inaugural general meeting”), and decided to establish an association with 1,035 consent (70% consent rate) from among 1,332 owners of land, etc. in the instant project zone, and applied for authorization to establish an association to the Defendant on July 18, 2017, and obtained authorization to establish an association from the Defendant to the Defendant.

(hereinafter referred to as the “instant association establishment authorization”). [This case’s association establishment authorization ] without dispute, Gap’s evidence Nos. 2 through 4, Eul’s evidence Nos. 1 through 3, and the overall purport of the pleadings, the Plaintiff’s overall purport of this case’s association establishment authorization is to newly appoint a promotion chairperson at a residents’ general meeting when the president is vacant. As such, the instant promotion committee holds a residents’ general meeting to elect a new promotion chairperson and the elected promotion chairperson holds a general meeting, and the representative chairperson shall perform the duties of the promotion committee’s representative according to the operating rules.