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(영문) 부산지방법원 2018.06.07 2017구합22993
조합설립인가취소
Text

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.

Reasons

1. Details of the disposition;

A. On April 12, 2017, the head of Busan Metropolitan City publicly announced C in Busan Metropolitan City, which designates the 33,794 square meters of Busan Metropolitan City D Day in Busan Metropolitan Transportation Daegu as an improvement zone for housing reconstruction improvement projects (hereinafter “instant improvement zone”), and publicly announced the designation of the improvement zone for B-building improvement projects and the improvement plan.

B. On June 9, 2017, the Association Establishment Promotion Committee of Zone B Housing Reconstruction Projects held an inaugural general meeting and established the articles of association, and applied for authorization to establish an association to the Defendant.

C. On July 3, 2017, the Defendant: (a) granted authorization to establish the B-Housing Reconstruction Project under Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Urban Improvement Act”); and (b) on February 9, 2018; hereinafter “former Urban Improvement Act”).

(‘Housing Complex’: Number of consenters: 624 persons, number of land owners, etc. 753 persons, rate of consent 82.87%, and “area which is not a housing complex”: 4,940.31m2/7,359m2, rate of consent 67.12%, and hereinafter “instant association authorization”).

In the rearrangement zone of this case, there are 16 units of Busan Shipping Daegu Do, E, F, G, and H ground I apartment 16 units (hereinafter “instant apartment”) and J apartment K units on the G ground.

The Plaintiff is the owner of Busan Shipping Daegu L, 1,200.2 square meters and M 894.2 square meters in the instant improvement zone.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the association establishment authorization of this case is legitimate

A. The Plaintiff asserted that the Defendant determined that 3,894 square meters (hereinafter “instant road”) among 12,276.8 square meters of the Busan NTN in the instant improvement zone as “area other than a housing complex” and determined that the Defendant obtained the consent of at least 3/4 of the owners of land or buildings within “area other than a housing complex” and at least 2/3 of the land size.

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