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(영문) 서울행정법원 2017.12.08 2017구합2158
조합설립추진위원회 승인처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. 1) An intervenor is a party to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(B) A zone designated as a rearrangement zone (Seoul, Seongbuk-gu, and 479 square meters in total area shall be 47,050 square meters in a project implementation district.

Section B is referred only to as “B”

(2) In order to establish a housing redevelopment project association, the Plaintiff is the owner of a plot of land, etc. in the project implementation district of B, which is constituted by the Defendant’s approval on February 26, 2014.

[Article 2 subparagraph 9 (a) of the Urban Improvement Act provides that for a housing redevelopment project, the owner of the land or building located in the rearrangement zone or the person with superficies thereof shall be the owner of the land, etc.; hereinafter referred to as the "owner of the land, etc.")

Around February 26, 2014, D, the chairperson of the promotion committee, who was organized by the Intervenor, resigned on August 20, 2014, and on March 4, 2016, E was appointed as an acting chairperson of the promotion committee. 2) On the other hand, on January 19, 2016, 120 among the total 527 owners of land, etc. (hereinafter “F et al.”) requested G, who was the highest person among the promoters of the Intervenor, to convene a temporary residents’ general meeting with “the chairperson of the promotion committee, the auditor, and the appointment of the promotion committee” as an agenda item, and G requested the Defendant to approve the temporary residents’ general meeting to handle the above agenda item on the grounds of hospitalization on January 25, 2016.

3. On February 3, 2016, the Defendant issued a letter to approve the opening of the residents' general meeting at least 1/5 of the owners of a plot of land, etc. at the request of an addressee to convene the residents' general meeting: On March 30, 2016, at least 1/5 of the owners of a plot of land, etc. at the request of an addressee: The Defendant sent a letter to the head of the promotion committee, the auditor, the promoters, the date and time of appointment of the promoters: 14:00 plans and places: H.

(c) Dispatching newsletters and.

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