1. On June 16, 2016, the Defendant’s disposition of accepting an application for approving the establishment of an association against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. On January 6, 2006, the Plaintiff obtained approval from the Defendant for organizing a promotion committee with the purpose of establishing an association to implement a housing redevelopment improvement project for B B in Geumcheon-gu in Busan (hereinafter “instant project”).

B. On March 29, 2016, the Plaintiff filed an application for authorization to establish an association with the Defendant, asserting that 712 of the owners or persons with superficies of the land or building located within the instant project zone (hereinafter “owners of land, etc.”) consented to the establishment of the association.

C. On June 16, 2016, the Defendant: (a) submitted 90 owners of land, etc. who submitted a written withdrawal of consent to establish an association from February 12, 2016 to February 29, 2016, prior to the receipt of the Plaintiff’s application for authorization to establish an association; and (b) calculated the consent rate by excluding 90 owners of land, etc. who submitted a written withdrawal of consent to establish an association from the number of consenters; and (c) in such case, the consent rate is less than 66.8% (62/930) for authorization to establish an association; and (d) returned

(hereinafter referred to as “instant disposition”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 2 and 4, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. In light of the legislative intent of Articles 28(4) proviso and 26(2) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 24007, Jul. 31, 2012; hereinafter “former Enforcement Decree of the Act”), even if the articles of association were modified, if the same is recognized as identical to the previous articles of association under social norms, the owner of a plot of land, etc. cannot withdraw consent

While the Plaintiff requested the consent of the establishment of an association, the amendment of the relevant statutes was made, and the amendment was made only to amend the contents of the articles of association or to reflect such amendment, so the modified articles of association is recognized as identical to the previous articles of association in terms of social norms.

However, the defendant formally judged whether to modify the articles of association.