logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.04.06 2015누64253
재정비촉진계획안 변경총회결의무효확인의소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) the annexed law of the judgment of the court of first instance shall be amended to the annexed law of the court of first instance; and (b) the reasons for the judgment of the court of first instance shall be as stated in the reasoning of the judgment, except where the plaintiff (appointed party; hereinafter "the plaintiff") added the judgment of the new or new argument to the corresponding law of the court of first instance; and (b) it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

2. Additional determination

A. The Plaintiff’s assertion 1) The instant amendment is a significant change in the existing urban renewal promotion plan, and the Special Act on the Promotion of Urban Renewal (hereinafter “Special Act on the Promotion of Urban Renewal”).

Article 9(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 4(4)3 of the Enforcement Decree of the Act, Article 13-2 of the Act, and Article 6 of the Seoul Special Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments, at least 2/3 of the owners of land, etc., and at least 1/2 of the area of land, shall obtain consent from the owners, and the amendment of this case shall be null and void inasmuch as the amendment of this case was not made, even though the consent form was submitted from the members of the association to establish the Housing Redevelopment Association in attached Form 4-2 of Article 7(3) of the Enforcement Rule of the Act on the Maintenance of Urban Areas and Dwelling Conditions, and the consent form was not followed.

B. Determination 1 ① Article 9(4) of the Urban Renewal Promotion Act only provides that where a “head of a Si/Gun/Gu” establishes or amends an urban renewal acceleration plan, he/she shall obtain consent from residents, as prescribed by municipal ordinances, and the Defendant is the same.

arrow