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(영문) 부산지방법원 2018.12.14 2018구합22013
조합설립인가무효확인등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The establishment process of the defendant association was changed to "68,353.6m2, Nam-gu, Busan Metropolitan City 68,359m2 after Busan Metropolitan Government 68,359m2."

(hereinafter referred to as “instant rearrangement zone”) was organized by the Committee for Promotion of the Development and Improvement of B Housing Redevelopment (hereinafter referred to as “Promotion Committee”) to improve housing redevelopment projects.

The promotion committee established a construction plan using the rearrangement zone in this case as 60,401.3 square meters of multi-family housing site, 4,629.1 square meters of road, 88.2 square meters of public office buildings, children's parks, 2,180.6 square meters of public land, and 260.7 square meters of public land in this case, and a construction plan that constructs apartment 1,364 households of 30 stories of ground, 30 stories of residential facilities, neighborhood facilities, and public facilities in this case, and estimated the estimated cost for removal of buildings and construction of new buildings as KRW 315,222,289,00, 7,184,637,000 of the rearrangement project cost and other project cost were estimated to be KRW 7,184,637,00 of the rearrangement project cost, and submitted a written consent to establish an association from the owners

The owners of land, etc. included in the rearrangement zone of this case are 773 persons (including state-owned land in Busan Metropolitan City and Nam-gu Busan Metropolitan City). In order to establish the defendant association, the promotion committee has obtained consent from 588 persons, including co-owners of land in attached Table 1, to establish the association. Based on this, the consent ratio of the owners of land, etc. to establish the association is 76.07%, and the area of land of the owners of land, etc. who agreed to establish the association is 53,403.41m2, and the consent ratio of the

On August 30, 2014, a promotion committee held an inaugural general meeting for the establishment of a defendant association. Of all 773 members, 523 members, including 304 owners of land, etc. who submitted a written resolution among 773 members, such as 523 on-site participants, etc., attend the meeting and approve the articles of association of the defendant association and election of executive officers.

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