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(영문) 수원지방법원 2015.08.12 2014구합52771
조합설립인가무효확인
Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 29, 201, the Governor of the Gyeonggi-do designated and publicly announced an improvement zone for a housing reconstruction project of Overcheon-si E in Gyeonggi-do and G G GJ 112,388 square meters as an improvement zone for a housing reconstruction project. On March 19, 2012, the Defendant divided the said improvement zone into the FJ 80,421.7 square meters (I housing reconstruction improvement zone) and the G G G G 31.967.1 square meters (J housing reconstruction improvement zone) in Jungcheon-si.

B. The landowners in the I Housing Reconstruction Zone may remove 24 K apartment units (a total of 772 apartment units; hereinafter “instant apartment units”) and one commercial building (a total of 32 stores; hereinafter “instant commercial buildings”) located within the said rearrangement project zone, and organize a D Housing Reconstruction Improvement Project Association Promotion Committee (hereinafter “Promotion Committee”) on March 20, 2012 for the purpose of promoting the reconstruction of apartment units and neighborhood living facilities on the site.

C. On the contrary to the Plaintiffs, a promotion committee failed to meet the consent requirements for establishing an association under Article 16(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), with respect to the instant commercial building, the promotion committee filed a lawsuit against the owners of the instant commercial building on August 17, 2012 to divide the site portion of the instant commercial building into the Suwon District Court (hereinafter “Land Division lawsuit”) by Act No. 2012Ga5648, Jun. 17, 2012, in order to promote reconstruction except the sectional owners of the instant commercial building.

On August 19, 2012, a promotion committee held an inaugural general meeting for establishing an association, and applied for authorization to establish an association to the Defendant on November 8, 2012. The Defendant accepted the above application and approved the establishment of a housing reconstruction association on April 2, 2013 (hereinafter “previous disposition”).

E. Some of the sectional owners of the instant commercial buildings seek the revocation of the previous disposition.

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