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(영문) 대구지방법원 2016.07.21 2016구합20496
조합설립인가처분무효확인 등
Text

1. All remaining plaintiffs' lawsuits except plaintiffs B, C, and D (PP No. 18) shall be dismissed.

2. The plaintiff B, C, and D (No. 18).

Reasons

1. Details of the disposition;

A. On September 22, 2008, the Daegu Metropolitan City Mayor: (a) designated the 80,986 square meters of the Filwon in Daegu-gu, Daegu-gu, as “A district redevelopment improvement zone”; (b) prepared a topographic map as “A district redevelopment improvement zone; and (c) publicly announced the topographical map.

B. On November 8, 2008, the A District Housing Redevelopment Improvement Project Promotion Committee (hereinafter “instant Promotion Committee”) held an inaugural general meeting for establishing an association. On December 12, 2008, the Defendant filed an application for authorization to establish an association with the number of members of 553 (including 11 persons whose location is unknown), 542 persons who were owners of land, etc., 542 persons who were owners of land, etc., and 408 persons who were consenters (75.3% of the consent rate) (hereinafter “instant application”).

C. As to the instant application, the Defendant discovered deficiencies, such as the number of owners of land, etc. under the General List of Consent at the time of designating the rearrangement zone and the number of owners of land, etc. indicated in the instant application, and demanded the instant promotion committee to implement the supplementation of the list of association members and the comprehensive list of consent by March 10, 2009.

On February 23, 2009, the promotion committee of this case submitted supplementary documents to the defendant on February 23, 2009, and attached 14 written consent of the members who agreed to establish the association additionally after the application of this case.

E. On February 27, 2009, the Defendant deemed that 419 of the owners of a plot of land, excluding 11 persons whose whereabouts are unknown among 562 members, has been consented (76.04%) among 551 members of the plot of land, etc., and thus, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 10268, Apr. 15, 2010; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”).

) Under Article 16 of the Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor’s Union”) approved the establishment of the Intervenor’s Intervenor’s Intervenor.

(f) The remaining Plaintiffs, except Plaintiffs B, C, and D (P No. 18), agree to establish the association or acquire ownership of land, etc. from the members who agreed to establish the association at the time of the application for this case.

【Ground of recognition】An absence of dispute, Gap No. 1.

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