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(영문) 서울행정법원 2015.10.23 2014구합6449
사업비부담금 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project (hereinafter “instant project”) in Mapo-gu Seoul Metropolitan Government BO large 64,452.96 square meters (hereinafter “instant rearrangement zone”). The Defendants are owners of land, etc. who owned real estate in the said rearrangement zone.

B. The first disposition to approve the establishment of the association and the lawsuit therefor 1) The promotion committee for the establishment of the A-Area Housing Redevelopment and Improvement Project Association (hereinafter “instant promotion committee”).

(1) The owner of a plot of land, etc. within the instant rearrangement zone (hereinafter referred to as “first written consent”) shall give consent to establish an association.

(2) The head of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Mapo-gu") shall receive

) An application for authorization to establish an association was made by the head of Mapo-gu Office on November 29, 2006 to establish an association (hereinafter “the first disposition to establish an association”).

(2) On December 5, 2006, the promotion committee of this case filed a lawsuit seeking confirmation of invalidity of the initial disposition of approving the establishment of a partnership on the ground that some members failed to meet the consent rate. The promotion committee of this case filed a lawsuit seeking confirmation of invalidity of the initial disposition of approving the establishment of a partnership on the ground that the first consent rate was not satisfied.

The first instance court (Seoul Administrative Court 2009Guhap46146) declared a dismissal decision on the ground that there is no benefit in legal action, but the appellate court (Seoul High Court 2010Nu27761) declared a judgment confirming that the first disposition to establish an association is null and void on the ground that it is a valid and appropriate means to resolve the relevant dispute in a single way. On June 30, 2011, the appellate court (Seoul High Court 2010Nu27761) declared a judgment confirming that the first disposition to establish an association is null and void on the ground that the defect failing to meet the consent rate is serious and obvious, but the appeal was dismissed on December 27, 20

(Supreme Court Decision 201Du19680).3.

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