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1. The Defendant’s cancellation of the cancellation of the A-Housing Rebuilding Improvement Zone on July 17, 2014 shall be revoked.
2. The costs of lawsuit shall be assisted.
Reasons
1. The Plaintiff was approved by the promotion committee on April 5, 2007 by the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) in order to promote the reconstruction project with the size of 115,787.5 square meters in Geumcheon-gu Seoul Metropolitan Government as the planned project implementation area.
On November 25, 2010, the land scheduled for the implementation of the above project was designated as A-A-Housing Rebuilding Improvement Zone in public notice C of Seoul Special Metropolitan City.
(hereinafter “instant rearrangement zone”). On February 17, 2014, the Intervenor revoked the approval of the promotion committee of the Plaintiff on the ground that he/she submitted a written consent for dissolution of 398 owners of land, etc. (hereinafter “written consent for dissolution of the instant case”) among 766 owners of land, etc., and the Defendant publicly notified that the instant rearrangement zone was revoked in the reconstruction improvement zone as announced D on July 17, 2015.
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.
2. According to Article 28(1)2(b) of the former Enforcement Decree of the Act on the Improvement of Urban and Residential Environments (amended by Presidential Decree No. 25633, Sep. 24, 2014; hereinafter “Enforcement Decree of the Act”), where one person owns at least two ownership or sectional ownership, the number of owners of land, etc. shall be calculated as one person regardless of the number of ownership or sectional ownership.
In addition to the written evidence Nos. 3 and 5, the purport of the entire pleadings is as follows: (i) E and F, the owners of land, etc. in the instant rearrangement zone, own each real estate, owned each real estate, and co-owned buildings G and ground buildings in Geumcheon-gu Seoul Metropolitan Government (E and F do not have any sectional owners, other than E and F), and (ii) the Defendant may recognize the fact that the number of owners of land, etc. in relation to E
E and F co-ownership of each real estate and co-ownership of other real estate, and there is no other sectional owners in that real estate, and E and F are related to E.