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(영문) 춘천지방법원 2015.01.30 2013구합2912
조합설립인가처분무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. On August 29, 2008, the Gangwon-do Governor of Gangwon-do designated and publicly announced the area of 651,550 square meters in Chuncheon-si, G, G, J, and K as an urban renewal acceleration district. On November 5, 2010, the Governor of Gangwon-do designated and publicly announced the area of 728,520 square meters as 728,520 square meters, and designated and publicly announced the area of 43,85 square meters in Chuncheon-si as a F (Housing Redevelopment Project) zone (hereinafter “instant improvement zone”).

B. The owners of or persons with superficies over the land or buildings within the instant improvement zone (hereinafter “owners of land, etc.”) constituted a committee for the promotion of housing redevelopment project in the F Zone (hereinafter “instant promotion committee”) with the consent of a majority, and applied for approval to the Defendant. The Defendant approved this on June 24, 201.

C. On November 5, 2011, the instant promotion committee held an inaugural general meeting (hereinafter “instant inaugural general meeting”) and applied for authorization to establish an association on November 9, 201 following resolution of the articles of association, etc. to the Defendant. On November 25, 2011, the Defendant approved the establishment of the Defendant’s Intervenor on the ground that 190 of the owners of land, etc. (75.10%) among 253 owners of land, etc. in the instant improvement zone agreed to establish an association.

(hereinafter “instant disposition”) D.

The Plaintiffs are owners of land or buildings owned in the instant improvement zone.

【Ground of recognition】 In the absence of dispute, Gap 1, 2, 3 evidence and Eul 1, 2, 3, 4, and 5 evidence, the purport of the whole pleadings and arguments

2. The plaintiffs' assertion

A. It is unclear whether at least 10/100 of the members directly attend the inaugural general meeting of this case.

B. The instant promotion committee did not have the association articles attached to the written consent to establish an association that was received from the owners of land, etc., and thus has no validity of consent.

C. Defect in calculating the consent rate (1) The “M” owning land in the instant rearrangement zone appears to be a foreigner. However, the consent form of “M” on July 31, 2012 of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

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