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(영문) 광주지방법원 2016.12.15 2015구합13352
조합설립인가무효확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Details of the disposition;

A. On March 28, 2015, the H Housing Redevelopment Improvement Project Promotion Committee (hereinafter “instant Promotion Committee”) was approved by the Defendant, and held an inaugural general meeting of the Association on March 28, 2015, and applied for authorization to establish an association for the purpose of implementing H Housing Redevelopment Improvement Project to the Defendant on August 17, 2015.

B. On September 18, 2015, the Defendant approved the establishment of the Intervenor Intervenor (hereinafter “ Intervenor Union”) pursuant to Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “former Act”) on the ground that 1,775 of the owners of lands, etc., among the total number of 2,365 owners of lands, etc., met the consent rate prescribed by the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13

(hereinafter “instant disposition”). C.

The plaintiffs are the landowners who agreed to the establishment of the Intervenor Association. The plaintiffs A, the directors of the Plaintiff B, and C, the directors of the Plaintiff E, the F, and G were elected respectively by the representatives, and the plaintiffs B, the directors of the Plaintiff E, the F, and G were elected as representatives, but the rest of the plaintiffs were elected.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 10, 11

2. To make entries in the attached statutes concerned;

3. Determination on the defense prior to the merits

A. The Plaintiffs, prior to the merits of the Intervenor Union, are parties to the establishment of the Intervenor Union, and there is no legal interest in seeking nullification of the instant disposition.

B. A third party, other than the other party to an administrative disposition 1, whose legal interests are infringed by the administrative disposition, is entitled to obtain a decision of propriety by filing an administrative litigation seeking the cancellation or invalidity confirmation of the administrative disposition.

The legal interests in this context are protected by the basis laws and regulations of the disposition in question, and individual, direct, and specific.

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