206 old 2897 Revocation of revocation of approval for establishment of an association

1. 00

Ulsan Jung-gu 1 Dongsan 00

2. ○○○

Ulsan Jung-gu 1 Dongsan 00

3. ○○○

Ulsan Jung-gu 1 Dongsan 00

4. ○○○

Ulsan Jung-gu 1 Dongsan 00

5. ○○○

Ulsan Jung-gu 1 Dongsan 00

6. ○○○

Ulsan Jung-gu 1 Dongsan 00

7. ○○

Ulsan Central District Dolsan 1 Dong 000

8. ○○○

Ulsan Jung-gu 1 Dongsan 00

9. ○○○

Ulsan Jung-gu 1 Dongsan 00

[Judgment of the court below]

The head of Ulsan Metropolitan City Jung-gu

Law Firm ○○○○

[Defendant-Appellant]

May 23, 2007

June 27, 2007

1. All of the plaintiffs' claims are dismissed.

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

The approval of the establishment promotion committee for housing redevelopment projects in the Jung-guB of September 27, 2006 - Jung-gu as to the establishment promotion committee for housing redevelopment projects in the Zone 05 - the approval of the establishment promotion committee for housing redevelopment projects in the Zone 05 is revoked.

1. Details of the disposition;

A. The plaintiffs are owners of land, etc. in Ulsan-gu, Ulsan-gu, Ulsan-do, ○○○○○○, 800 square meters (hereinafter "the area of this case"), which is publicly announced by Ulsan-gu, Seoul-do as an urban and residential environment improvement zone on May 18, 2006, and the Jung-gu, Jung-gu - - 05 Housing Redevelopment Project Promotion Committee was established for the purpose of establishing an association for the implementation of housing redevelopment projects in the area of this case (hereinafter "Promotion Committee of this case").

B. On July 3, 2006, ○○○ filed an application with the Defendant for approval for the establishment of an association establishment promotion committee consisting of 1/576 members of the land, etc. in the instant region and 801 members of the land, etc. (50/82% of the consent rate).

C. However, the defendant examined the application documents, such as the written consent of the promotion committee submitted by ○○ on August 18, 2006, and notified 10 cases where the seal impression on the written consent of the promotion committee does not coincide with the seal impression on the certificate of the promotion committee, 7 cases where the written consent of the promotion committee was not submitted, and 3 cases where the representative was not appointed. The ○○ on September 18, 2006 submitted 9 cases where the written consent of the promotion committee was not submitted, 4 cases where the written consent of the promotion committee was not submitted, and 1 cases where the representative was not appointed, but the remainder was not supplemented.

D. As a result of the final review of the above application under Article 13(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”) and Article 6 of the Enforcement Rule of the same Act, the Defendant confirmed that the number of legitimate landowners, etc. in the instant area is 1,586, more than the number of applicants indicated in the application, and that the consenters among them is 795, more than the number of applicants (50, 13%) reduced by 6 persons than the number of applicants indicated in the application, and that 100 members except for 3 members who did not submit a written consent of the promotion committee among 10 applicants.

The number of 97, including the head, was confirmed.

E. Accordingly, on September 27, 2006, the Defendant approved the establishment of the instant promotion committee under the following conditions (hereinafter “instant disposition”).

(1) A promotion committee shall prepare operating rules of the promotion committee under Article 15 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents before carrying out the duties under Article 14 of the same Act and report with the consent of the owners of land, etc. under Article 13 (1) of the Enforcement Decree

(2) Where a promotion committee is organized at least 1/10 of the owners of the land, etc. (if exceeding 100 persons exist, 100 persons) and a contract is entered into with a specialized management businessman, etc., a report must be made to the defendant within 15 days (hereinafter omitted).

[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 2-1 to 3, Evidence No. 3-1, 2, Evidence No. 10, Evidence No. 2 through 4, and the purport of the whole pleadings

2. Relevant statutes;

The entries in the attached Table-related Acts and subordinate statutes are as follows.

3. Whether the instant disposition is lawful

A. The plaintiffs' assertion

The following grounds asserted that the instant disposition should be revoked for illegal reasons:

(1) ○○○ does not obtain consent from the majority of the owners of the land, etc. when filing an application for approval for establishment of the instant promotion committee, and in particular, the majority of the owners of the land, etc. including the Plaintiff, etc., held a residents’ general meeting and a project explanation meeting while excluding the Plaintiff, etc., and received a written consent for the formation of the promotion committee.

(2) With respect to the composition of the promoters:

(A) The owner of the land, etc. in the instant area should be comprised of 1,586 members under the operational regulations of the Ministry of Construction and Transportation (No. 2006 - 330)’s establishment promotion committee, but the application for the approval of the establishment of the instant promotion committee was filed by the Defendant even though 100 members, including 0 ○○○, were not the chairperson, and the Defendant issued the instant disposition.

(B) According to Article 15(2)2 of the Regulations on the Operation of the Establishment Promotion Committee of the Standard Rearrangement Project in the Notification of the above Ministry of Construction and Transportation, the promoters shall be the owners of the land or buildings within the area of this case for more than five years as of the date of the departure, but the promoters, ○○○, etc. were not entitled to become promoters with persons within 1 to 4 years since they owned each land, etc.; and

(C) In collusion, ○○○ et al., when filing an application for approval for establishment of the instant promotion committee, and without having obtained a direct signature or seal from 16 persons, including ○○○ et al., on the written consent of the actual promotion committee members, forged the written consent of the promotion committee members by stealing their names without permission, and submitted the forged document to the Defendant and received the instant disposition.

(3) (A) The auditor ○○○ and ○○○○○ of the instant promotion committee requested an audit on the entire duties of the instant promotion committee, based on suspicion that the enforcement department, including ○○○, violated the duties of the promotion committee on October 9, 2006 and on January 22, 2007, illegally executed operating expenses, etc. without a resolution or approval of the promotion committee, on account of the violation of its duties. However, the said ○○ et al. failed to comply with this.

(B) In order to obtain the approval of operating regulations from the Defendant, the Defendant submitted to the Defendant the seals affixed by the Chairperson, Vice-Chairperson, and Auditor, and the affixed operating regulations. The above ○○○ et al. applied for approval of operating regulations by using the seals without permission, regardless of its intent, and affixing seals thereto;

(C) On April 25, 2007, with regard to the dismissal of the promotion committee’s auditor and the selection of a specialized maintenance business management company, the Defendant notified the promotion committee of the fact that it would not hold a residents’ meeting while issuing an order to suspend its business, and if it violates this, the promotion committee of the instant case committed an unlawful act, such as holding a residents’ general meeting on the 26th of the same month, even though it could be subject to the instant disposition under Article 77 of the Act.

(D) The instant disposition was unlawful on April 19, 2007 when the chairman of the instant promotion committee, ○○○○○, ○○○○, ○○○○, and ○○○○○ was dismissed from the chairman and vice-chairman of the promotion committee on April 19, 2007 due to forgery of the written consent of the promotion committee members, unjust execution of duties, and non-performance of audit and inspection, and only remains a resolution of the residents’ general meeting.

B. Determination

(1) Determination as to the plaintiffs' assertion 3. A. (1)

○○○ appears to have obtained the consent of 795 owners of the land, etc. in the instant area from 1,586 (the consent rate 50.13%) and there is no provision that separates of detached houses, aggregate buildings and owners shall obtain the consent under the relevant Acts and subordinate statutes, so the above assertion by the Plaintiffs is without merit.

(2) Judgment on the plaintiffs' assertion on 3. A. (2) (A)

According to Article 2 (2) 3 of the Regulations on the Operation of the Promotion Committee for the Establishment of a Rearrangement Project Association (330), the number of promoters shall be at least 1/10 of the owners of land, etc., but shall be at least 100 if the number exceeds 100 persons, the operating rules of the Promotion Committee for the Establishment of the Ministry of Construction and Transportation are stipulated by Article 15 of the Act. However, Article 2 (2) 3 of the above operating rules does not stipulate the requirements for approval for the establishment of the Promotion Committee because the provisions related to the requirements for the establishment of the Promotion Committee do not fall short of the standards for the establishment of the Promotion Committee. Thus, even if the number of promoters falls short of the number at the time of approval for the establishment of the Promotion Committee, the approval for the establishment of the Promotion Committee is not immediately unlawful, and it shall be deemed that the approval for the establishment of the Promotion Committee is made by the head of the Si/Gun and the head of the Gun, who is the head of the Si/Gun, without consent from the majority of land owners.

As to the case of this case, there are 97 persons, including the above president, who are approved as promoters at the time of the disposition of this case, and the defendant issued the approval of this case under the condition that the promoters be filled with 100 persons as seen earlier. Thus, the above head of the plaintiffs' above head of the state is without merit.

(3) Judgment on the plaintiffs' assertion of 3. A. (2) (b)

As of the date of departure pursuant to Article 15(2)2 of the Operational Regulations for the Establishment Promotion Committee of Standard Rearrangement Project Act (No. 2006 - 330), the terms of the owner of land or livestock products for at least five years in the project implementation district as of the date of departure pursuant to Article 15(2)2 of the Notice of the Ministry of Construction and Transportation are irrelevant to the grounds for disqualification of the Plaintiff’s promoters, vice-chairpersons, and auditors, and the conditions of the conditions of the owner of land or livestock products constitute not only the grounds for disqualification of the Plaintiff’s promoters, but also constitute at least five members at the time of the disposition

(4) Judgment on the plaintiffs' assertion of 3. A. (2) (c)

As to the plaintiff's assertion that the OO et al. conspired to apply for approval for the establishment of the promotion committee of this case and received the disposition of this case by forging the letter of consent of 16 promoters, Gap evidence Nos. 14-1 through 100, Gap evidence No. 18, and Gap evidence No. 20-1 through No. 4 are insufficient to recognize it, and there is no other evidence to acknowledge it. The plaintiff's assertion is without merit since the plaintiff's above assertion was made up of 97 promoters at the time of the disposition of this case.

(5) Determination as to the plaintiffs' assertion 3. A. (3)

All of the plaintiffs' arguments are irrelevant to the grounds of illegality in the disposition of approval for establishment of the promotion committee because they claim the grounds of illegality in the operation process of the promotion committee. Therefore, all of the plaintiffs' respective arguments are without merit.

4. Conclusion

Therefore, all of the plaintiffs' claims of this case are dismissed as it is without merit. It is so decided as per Disposition.

Judges in charge of completion of judge

Judges Kim-gu -

Judges B.

Relevant statutes

Maintenance and Improvement of Urban Areas

Article 2 (Definitions of Terms)

The definitions of terms used in this Act shall be as follows:

2. The term "maintenance project" means the determination within a rearrangement zone to restore urban functions in accordance with the procedures prescribed by this Act;

Projects falling under any of the following items, such as maintenance of infrastructure and improvement or construction of buildings, such as housing: Provided, That (c):

In cases of items, housing reconstruction projects implemented in a zone other than an improvement zone shall be included.

(b) Housing redevelopment projects: Improvement of residential environments in the areas where the rearrangement basis facilities are inferior, and the worn-out and inferior structures are concentrated;

for the purposes of this section.

9. The term “owner of land, etc.” means the persons falling under the following items:

(a) In cases of a residential environment improvement project, housing redevelopment project or urban environment rearrangement project, land located in a rearrangement zone;

or the owner or superficies of a building

Article 13 (Establishment of Partnership and Composition of Promotion Committee)

(1) Where a person other than the Mayor, the head of a Gun or the Housing Corporation, etc. intends to implement a rearrangement project, organization

The association shall be established: Provided, That the owners of lands, etc. under Article 8 (3) shall establish an urban environment rearrangement project;

(1) The same shall not apply in cases where the execution is to be independently executed.

(2) Where intending to establish an association under paragraph (1), the chairperson shall obtain consent of a majority of the owners of lands, etc.

A committee for the promotion of the establishment of an association (hereinafter referred to as "committee for the promotion") shall be comprised of at least five members, including B, and construction instructors.

The approval of the head of Si/Gun shall be obtained in accordance with the methods and procedures prescribed by Ordinance of the Ministry of Government Administration.

(3) Article 23 shall apply mutatis mutandis to the members of the promotion committee under paragraph (2). In this case, the term "association" shall be read as "promotion."

"Ro", "executive", "members", and "members" shall be deemed "owners of land, etc.", and "members" shall be deemed "owners of land, etc.".

Article 14 (Functions of Promotion Committee)

(1) The promotion committee shall perform the following duties:

1. Affairs concerning an application for a safety diagnosis under Article 12;

2. Selection of the specialized management businessman of rearrangement project under Article 69 (hereinafter referred to as the "specialized management businessman of rearrangement project");

3. Preparation of a rough implementation plan for a rearrangement project;

4. Preparatory affairs for obtaining authorization to establish a cooperative;

5. Other affairs necessary for promoting an establishment of the partnership, which are prescribed by the Presidential Decree.

(2) The promotion committee shall be specialized in the rearrangement project by the method of competitive bidding as prescribed by the operational rules under Article 15 (2).

shall select interest business operators.

(3) The details of duties performed by the promotion committee under paragraph (1) accompanying the bearing of costs by the owners of lands, etc.

or, if any change occurs in rights and obligations, the Presidential Decree shall prescribe before performing the business.

shall obtain consent from the owners of lands, etc. above the proportion.

Article 15 (Organization and Operation of Promotion Committee)

(1) Every promotion committee shall have one chairperson representing the promotion committee and the auditor, and matters necessary for its operation.

The Presidential Decree shall be prescribed.

(2) The Minister of Construction and Transportation shall carry out the promotion committee including the following matters for the fair operation of the promotion committee:

The zero Regulations shall be prescribed and publicly announced in the Official Gazette.

1. Matters concerning the method of selecting members of the promotion committee and changing them;

2. Matters concerning the rights and duties of members of the promotion committee;

3. Matters concerning the scope of duties of the promotion committee;

4. Matters concerning the methods of operating the promotion committee;

5. Payment of operating expenses of owners of land, etc.;

6. Other matters prescribed by Presidential Decree as necessary for the operation of the promotion committee.

Article 17 (Method, etc. of Consent by Owners of Land, etc.)

Matters necessary for the methods and procedures, etc. for computing consent of the owners of lands, etc. under Articles 13 through 16 shall be prescribed by the Presidential Decree.

Enforcement Decree of the Urban and Residential Environment Improvement Act

Article 22 (Duties of Promotion Committee)

The term “business prescribed by the Presidential Decree” in Article 14 (1) 5 of the Act means the following matters:

1. Preparation of operational regulations for the establishment of an association under Article 13 (2) of the Act (hereinafter referred to as the “promotion committee”);

2. Demand for written consent of the owners of land, etc.;

3. Preparation for the inaugural general meeting for establishment of the association;

4. Preparation of the draft articles of association;

5. Other matters prescribed by operational regulations of the promotion committee.

Article 25 (Operational Rules of Promotion Committee)

The term “matters as determined by the Presidential Decree” listed in Article 15 (2) 6 of the Act means the following matters:

1. Accounting of operating expenses of the promotion committee;

2. Selection of a specialized management business entity of rearrangement projects;

3. Other matters that the promotion committee shall include in its operational regulations for the smooth promotion of the rearrangement project.

Article 28 (Methods, etc. of Calculating Number of Consenters of Land, etc.)

(1) Consent of the owners of lands, etc. under Articles 13 through 16 of the Act under Article 17 of the Act shall be as follows:

It shall be calculated in accordance with the standards of the following:

1. In cases of a housing redevelopment project or an urban environment rearrangement project, the following standards shall be followed:

(a) In case where one piece of land or one building is owned by several persons, one person representing such persons;

To be computed as owners of lands, etc.

(b) Where superficies is established on land, the owner of the land and one person representing the person holding superficies on the land;

To be computed as owners of lands, etc.

(c) Where one person owns a lot of land or a large number of buildings in a lot, the number of parcels or structures.

It shall be calculated as one owner of land, etc., regardless of whether it is: Provided, That in cases of an urban environment improvement project, the owners of land

The previous owner of any land or structure acquired for a rearrangement project after the designation of the rearrangement zone.

It shall be calculated by including the number of owners of land, etc., but in such cases, whether to consent shall be determined

of this section.

3. Persons who have acquired land or structures from persons consenting to the establishment of the promotion committee or the partnership shall also be the promotion committee.

shall be deemed to have consented to the establishment of the association.

4. Resident registration number as at the time it is entered as an owner in a land register register, land cadastre and building management ledger.

land, etc. for which the location is not verified in cases where the address is different from the present address without any indication; and

be excluded from the number of owners

5. Persons who withdraw consent before applying for approval for the promotion committee or before applying for authorization for the establishment of the association.

It shall be excluded from the self-denunciation of consenters: Provided, That where there is no change in the matters falling under each subparagraph of Article 26 (1), the person establishing an association

not be excluded from the number of consenters for this purpose.

(4) Any consent (including withdrawal of consent) of the owners of land, etc. under Articles 13 through 16 of the Act shall have a seal imprint.

The method of written consent to use and the certificate of personal seal impression shall be attached in such cases: Provided, That in cases of foreigners, such certificate shall be attached thereto.

A written consent shall be signed and accompanied by a certificate of alien registration under Article 88 of the Immigration Control Act.

of this section.

Enforcement Rules of the Urban and Residential Environment Improvement Act

Article 6 (Application, etc. for Approval of Establishment of Promotion Committee)

A person who intends to implement a rearrangement project (hereinafter referred to as "improvement project") under subparagraph 2 of Article 2 of the Act and who intends to obtain approval for the establishment of an association under Article 13 (2) of the Act (hereinafter referred to as "promotion committee") shall file an application for approval for the establishment promotion committee in attached Form 2 with the head of a Si/Gun, along with the following documents:

1. List of owners of lands, etc.;

2. Consent letters of the owners of land, etc.;

3. The names and addresses of the chairperson and members;

4. Documents evidencing the appointment of members.

Notice of the Ministry of Construction and Transportation No. 2006 - 330

Operational Rules of the Establishment Promotion Committee of Consolidation Project Cooperatives

Article 2 (Establishment of Promotion Committee)

(1) Where it is intended to establish a maintenance and improvement project association, at least five members, including the chairperson and the auditor, shall be organized with the consent of a majority of the owners of land, etc. defined in subparagraph 9 of Article 2 of the Act (hereinafter referred to as "owners of land, etc."), and shall obtain approval from the head of a Si/Gun/autonomous Gu (hereinafter referred to as "head of a Gun") in accordance with the methods and procedures prescribed by the Enforcement Rule of the Act on the Maintenance

(2) The composition of the promotion committee under paragraph (1) shall be in conformity with the following criteria:

3. Number of members shall be at least 1/10 of the owners of a plot of land, etc., but it shall be five in case of not more than five persons and may be 100 in case of exceeding 10 persons.

Operational Rules of Standard Improvement Project Association Establishment Promotion Committee

Article 15 (Appointment and Change of Members)

(2) Members shall be elected from among persons who have consented to the establishment of the promotion committee, and the chairperson, vice-chairpersons and auditors shall be persons falling under any of the following subparagraphs:

2. A person who owns a building (referring to land and structures in cases of a housing reconstruction project) for not less than five years within a project implementation district as of the date of selection;