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(영문) 의정부지방법원 2014.06.03 2013구합2100
덕소3구역 주택재개발조합설립추진위원회 승인처분 취소확인
Text

1. The approval for establishment was granted to the Defendant on April 16, 2013 (A) Housing Redevelopment and Improvement Project Association Establishment Promotion Committee.

Reasons

1. Facts of recognition;

A. On November 26, 2007, Gyeonggi-do: (a) designated and publicly notified the area of 657,849 square meters in Namyang-si, Namyang-si; (b) as an urban renewal acceleration district in Nam-si, Namyang-si; and (c) changed the area to 670,559 square meters in Gyeonggi-do’s announcement F to 670,559 square meters; and (d) determined the alteration designation and urban renewal acceleration plan.

B. On April 8, 2011, the Plaintiff filed an application with the Defendant for approval of establishment establishment establishment promotion committee, along with the written consent of the owners of land, etc. and other relevant documents, to implement a housing redevelopment project for 197,009 square meters (A; hereinafter “instant project zone”). On the same day, the Plaintiff filed an application with the Defendant for approval of establishment establishment promotion committee with respect to the instant zone scheduled to be rearranged under the name of Nonparty A (A) Housing Redevelopment Promotion Committee (hereinafter “Non-Party A”), along with the written consent of the owners of land, etc. and other relevant documents.

C. On June 10, 2011, the Defendant rejected each of the above applications on the grounds that the Plaintiff and Nonparty (A)’s application for approval for the establishment of each of the above establishment by the Plaintiff and Nonparty (A) cannot be deemed to have satisfied the requirements for consent of the majority of the owners of land, etc. in the instant project zone, on the grounds that some of the written consent attached to the said application for approval for establishment, which was submitted by the Plaintiff and Nonparty (A)

(hereinafter referred to as "disposition of refusal on June 10, 201") D.

Accordingly, on June 13, 201, the Plaintiff revised the consent form, and applied for approval to establish a promotion committee to the Defendant on the ground that the majority of the owners of the land in the instant project zone obtained

hereinafter referred to as "application of this case" is called as "application of this case"

E. Meanwhile, the non-party (the promotion committee is a person subsequent to the filing date of the Plaintiff’s instant application).

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