Cases
209Nu6889. Nullification of the establishment of an association
Plaintiff Appellants
1. △△;
Busan ----
2. △△;
Busan ----
3. Medical personnel; and
Busan ----
4. Silsan;
Busan ----
Attorney Kim -- of the plaintiffs
Defendant, Appellant
The head of the Busan Metropolitan Government
Litigation Performers ---
Intervenor joining the Defendant
00 District Housing Redevelopment and Improvement Project Association
Busan ----
Before the president of the partnership
Attorney Lee ---
Conclusion of Pleadings
March 26, 2010
Imposition of Judgment
April 16, 2010
Text
1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.
2. The costs of the lawsuit are assessed against the Plaintiffs.
Purport of claim and appeal
1. Purport of claim
On October 00, 00, the defendant confirmed that the approval for establishment of a housing redevelopment project association against the OO district housing redevelopment project association was null and void (the plaintiff changed the purport of the claim in the trial).
2. Purport of appeal
The judgment of the first instance is revoked. All of the plaintiffs' claims are dismissed.
Reasons
1. Details of the disposition;
The following facts may be acknowledged by taking into account whether there is no dispute between the parties or whether the parties have taken the whole pleadings in the descriptions of the evidence as referred to in subparagraphs 1 through 4 of this Article, evidence as referred to in subparagraph 6 of this Article, evidence as referred to in subparagraphs 7 and 8 of this Article, evidence as referred to in subparagraph 9 of this Article, and evidence as referred to in subparagraphs 1 through 4 of this Article.
A. On October 0, 2005, the Busan Metropolitan City Mayor announced the Master Plan for the Improvement of Urban and Residential Environments as No. 2005-000, Busan Metropolitan City’s Notification No. 2005, Busan in 2005 also designated BYYY 4, 000, 55,800 square meters (hereinafter “instant prearranged Zone”) as a housing redevelopment scheduled zone.
B. (1) The Promotion Committee for the Establishment of Zone 0 Project Cooperatives (hereinafter referred to as the "Promotion Committee of this case") was organized for the purpose of establishing an association for the implementation of housing redevelopment projects in the project area designated as the pertinent prearranged zone. The head of Si/Gun/Gu, the representative of which filed an application with the Defendant for approval of the Promotion Committee by obtaining 209 consent (54.01% consent rate), from among the owners of the land or buildings in the instant prearranged zone or the persons with superficies (67 landowners, 16 building owners, and 304 landowners). The Defendant approved the Promotion Committee pursuant to Article 13(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9047, Mar. 21, 2008; hereinafter referred to as the "former Urban Improvement Act") and Article 13(2) of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs prior to December 17, 2008).
C. Thereafter, on October 0, 2007, the Busan Metropolitan City Mayor designated 100 m25,751 m2, 500 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000,000 m2,000.
D. In order to implement a housing redevelopment project within the project area of this case, the promotion committee of this case distributed a written consent to establish the association (referred to as the "written consent of this case") to 386 owners of the land, etc. within the project area of this case except for 390 owners of the land, etc. (390 landowners, 18 building owners, 301 housing and 301 landowners), and obtained the consent of 305 persons (79.02% of the consent rate), and applied for authorization to establish the housing redevelopment project association of this case to the Defendant on October 0, 2008. The content of the "agreement establishment and the consent to the rearrangement project" in the written consent of this case is as follows.
(1) Outline of the design of the new building;
A person shall be appointed.
(2) Estimated cost of removal and new construction of the building
A person shall be appointed.
(3) The cost sharing under subsection (2).
the final settlement of amounts in the United States;
(1) Expenses shall be imposed and collected by the articles of association of a cooperative, the provisional liquidation shall be made at the time of management and disposal of the cooperative, and the agency
The expenses and profits shall be borne equally in accordance with the standards for administration and disposal prescribed by the articles of association.
(2) The principle of equity shall evaluate the value of assets owned by partners as stipulated by the articles of association.
distribution;
their revenues and the shares of association members resolved or consented to in writing by the General Assembly of Members shall be preferentially appropriated;
Where a shortage occurs, it shall be fairly shared in accordance with the articles of association and the standards for management and disposal.
(3) Construction costs and all expenses related to projects to be paid to the contractor shall be divided into general housing and appurtenant and welfare facilities.
(d) Matters regarding the allotment of sectional ownership of a newly constructed building;
(1) The standards for administration and disposal of the articles of association of a cooperative shall be followed, and decisions of Dongs and units shall be made under Article 1.
Computer lottery, etc.: Provided, That where there exists competition, the association's articles of association and the standards for management and disposal shall apply.
Method Doz.
The land shall be sold in public land in accordance with the order of the area of the house sold in lots.
(2) The area of housing, etc. to be sold in lots after the implementation of the project is based on the sale area (exclusive and public area).
(3) Welfare facilities, such as remaining houses and commercial buildings, remaining after preferentially selling to partners, shall be determined by the relevant statutes and partnership.
public sale in accordance with such terms and conditions as the Corporation may determine;
(4) Land shall be registered for shares after completion of the project, and buildings shall be registered for conservation of each occupant member.
(5) Details of consent
As above, the principal is the owner of a plot of land, etc. within 10 housing redevelopment rearrangement project zone.
matters referred to in subparagraph 6 shall be familiar with and consented to the matters referred to in subparagraph 6 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
I agree to establish an association. In addition, "Consent to the establishment and maintenance of an association" in subparagraph 3 shall be a project.
Any change in accordance with the contents of the implementation authorization, the contents of the contract with the contractor, etc., and the expenditure of the project
(2) If the content of the Dong is changed or the adjustment of the settlement money, etc. of the members is necessary, a subsequent association
change to the contents decided at the meeting of the Board of Governors, and as to the contents decided at the meeting of the members:
I agree to substitute this Agreement without submitting this Agreement.
E. On October 00, 2008, the Defendant decided that the promotion committee met the quorum requirements necessary for the establishment of an intervenor association and approved the establishment of the intervenor association (hereinafter “instant authorization disposition”). 2. Whether the instant authorization disposition is legitimate on February 2, 200
A. Summary of the plaintiffs' assertion
The plaintiffs asserts that the disposition of this case's authorization is null and void, as there are significant and obvious defects as asserted below.
(1) Upon filing an application for authorization to establish an association with the Defendant, the Intervenor’s association misappropriated the certificate of personal seal impression attached to the written consent for the organization of the association establishment promotion committee for 31 members. Such consent is invalid against the purport of demanding the submission of a certificate of personal seal impression by distinguishing the consent for the organization of the association establishment promotion committee and the establishment of the association under the Urban Improvement Act. In line with the purport of requiring the submission of a certificate of personal seal impression under the said 31 members’ consent, the consent ratio for the establishment of the Intervenor’s association is approximately KRW 71% (274/386) and it falls short of 3/4 or more of the consent ratio required by the former Urban Improvement Act
(2) According to Article 16(1) of the former Act and Article 26(1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 20222 of Aug. 17, 2007), when a housing redevelopment project association is to be established, the consent of the owners of the land, etc. shall be obtained with a written consent that includes a summary of the building design to be built, a summary of expenses to be incurred in removing and constructing the buildings, a summary of expenses to be incurred in the removal and construction of the buildings, and (3) matters concerning the apportionment of expenses. Among them, matters concerning the apportionment of expenses shall be an important part that serves as the basis for determining whether to participate in the redevelopment project with considerable expenses in the implementation stage of the redevelopment project. Thus, the allocation of expenses shall be determined or at least to an estimated level. However, even though the content of the written consent of this case is very abstract and thus it cannot be recognized, the defect of this case’s approval is significant and apparent.
(3) After an improvement zone for an urban environment improvement project becomes final and conclusive, approval for the establishment of an association to promote the head of Si/Gun is null and void. This case’s promotion committee was established before a rearrangement zone is designated and announced, and approval for establishment is null and void. This case’s approval for establishment is also null and void upon the application of an invalid promotion committee.
B. Relevant statutes
It is as shown in the attached Form.
(c)boards;
(1) Determination on the first argument
(A) According to Article 16(1) and (5) of the former Act, Articles 26(1) and 28(4) of the Enforcement Decree of the same Act, when an administrative agency that received an application for authorization of redevelopment association determines whether to authorize the establishment of redevelopment association, it shall examine whether at least 3/4 of the owners of a plot of land, etc. have consented thereto, as prescribed by the Presidential Decree. The consent must be made by means of attaching a seal imprint and a certificate of seal impression on a written consent specifying the statutory matters. The purport of requesting the written consent of the owners of a plot of land, etc. at the time of applying for authorization of redevelopment association, and requiring the submission of such written consent to the relevant administrative agency at the time of making clear consent of the owners of the plot of land, etc., to prevent disputes between the relevant persons who may arise regarding the establishment of redevelopment association by clarifying the consent of the owners of the plot of land, etc., and further, requiring the administrative agency to examine whether the consent requirements are met only by the written consent submitted at the time of applying for authorization of redevelopment association establishment.
(B) According to the health class, A’s evidence 1-2, A’s evidence 2-2 through 11, A’s evidence 3-2-9, A’s evidence 4-2 through 19, A’s evidence 5-2 through 13, and A’s evidence 6-2 through 15 with respect to the instant case, a certificate of personal seal impression attached to Chapter 31 of the instant written consent submitted by the instant promotion committee to the Defendant at the request of the Defendant for the authorization of the Intervenor’s association, which was before December 21, 2005, was issued between June 0, 200, which was before December 21, 2005, when the promotion committee was established, and the seal impression and the certificate of personal seal impression affixed to the written consent were identical (it is merely true and useful for the Plaintiff’s assertion that the consent or the certificate of personal seal impression attached to the instant written consent was attached to the Plaintiff’s participation).
According to the above facts, the promotion committee of this case satisfied the consent rate for the establishment of the intervenor agreement with all the seals affixed to the letter of this case and the certificate of seal impression submitted by the promotion committee of this case at the time of applying for the approval of redevelopment association. Even if the plaintiff used 31 certificate of seal impression as alleged by the plaintiff, the consent agreement submitted by the promotion committee of this case was not sufficient to deem that the defendant could have easily known it. Thus, the first argument of the plaintiffs is without merit.
(2) Judgment on the second argument
(1) According to Article 16(1) of the former Act and Article 26(1) of the Enforcement Decree of the same Act, when the committee for promotion of housing re-development projects intends to establish an association, the consent of the owner of a plot of land, etc. shall be obtained from the owner of a plot of land, etc., (1) a summary of the design of a building to be constructed, (2) a summary of the cost required for removal and construction of a building, (2) a share of the above expenses, (4) a matter concerning ownership after completion of the project, (5) a matter concerning ownership after completion of the project, and (4) a method of obtaining consent in a written consent stating the matters concerning the articles of association. Article 12(1)1 of the former Ordinance on the Maintenance of Urban and Residential Environments (amended by Ordinance No. 4116 of Aug. 2, 2006) a written consent for the establishment of an association shall be in the form of a written consent of the Ministry of Land, Transport and Maritime Affairs (No. 2, 306) a written consent.
According to the above facts, when examining the contents of the standard form of consent, especially the matters concerning the attribution of ownership after the completion of the project, the committee of promoters generally determines the outline of the construction of the building, the amount of expenses to be incurred in removing and constructing the building, and the cost-sharing of the property owned by the association according to the principle of equity in accordance with the standards for management and disposal, but the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-bearing and the cost-sharing and the cost-sharing and the cost-sharing and the fair apportionment according to the standards for the articles of association and the management and disposal of the association, even after the completion of the project in this case's ownership after the completion of the project in question, and the cost-sharing and the cost-sharing and the cost-sharing are not determined.
Therefore, the second argument of the plaintiffs on the premise that the bearing standard prescribed in the written consent of this case is very abstract and illegal is without merit.
(3) Judgment on the third argument
(A) Comprehensively taking account of the provisions of Article 2 subparag. 9(a), Articles 4(1) and (2), 13(1) and (2) of the former Urban Improvement Act, it is clear that the scope of “owner of land, etc.” should be determined on the premise of the establishment promotion committee for various rearrangement projects under the Urban Improvement Act, such as housing redevelopment projects, and that the designation and announcement of rearrangement zones by the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor should be made in order to determine the scope of “owner of land, etc.” in order to determine the scope of “owner of land, etc.”. In addition, under the Urban Improvement Act, the establishment promotion committee system of an association under the same Act takes place on December 30, 202 at the early stage of the rearrangement project, and even if there are many legal issues while performing activities, it is introduced to smoothly implement the rearrangement project by granting a specific legal framework for the project promotion committee without legally regulating the status of the promotion committee under the Urban Improvement Act (Article 16(1)1) of the former Urban Improvement Act).
(B) As to the instant case, the Defendant approved the instant promotion committee on October 0, 2005, and the head of Busan Metropolitan City after which the instant promotion committee was designated and decided as a rearrangement zone on October 00, 2007 is the same as the foregoing. Therefore, the approval for establishment of the promotion committee of this case, which was conducted prior to the designation and public notice as a rearrangement zone, can be deemed as having a serious defect.
However, even if there is a serious defect in the defendant's approval of the promotion committee of this case without the designation or public announcement of the improvement zone, it is clear whether the defect is found, as seen above, i.e., the following private matters: ① there is no explicit provision on the establishment time of the promotion committee under the former Urban Improvement Act; Provided, That Article 13 (2) of the amended Act as Act No. 944 of Feb. 6, 2009 newly provides that the promotion committee is organized and approved after the improvement zone is announced; ② Articles 3 and 4 of the former Urban Improvement Act provide that the head of the Si/Gun/autonomous Gu shall establish the improvement plan within the extent consistent with the basic plan; ③ the head of the Busan Metropolitan City Ordinance No. 200, Jun. 1, 2005, which is almost 10, Busan Metropolitan City Ordinance No. 50, which is the basic residential environment improvement zone established and announced to the head of the Si/Gun/autonomous Gu.
Even if the approval for establishment of the committee of this case is null and void, the purport of the above circumstances is to minimize residents' disputes related to the implementation of the redevelopment project and to facilitate the implementation of the project. In addition to the committee of this case, there are no separate organizations for the approval of the committee of this case or the association of this case. ② As redevelopment project continues after the establishment of the committee of this case, there are considerable changes in the legal status of the land and building owners in the rearrangement project area to the extent that it is impossible to return to the state before the establishment of the association. The grounds for invalidation of the approval for establishment that can be asserted without the limit of the filing period are very limited in terms of legal stability and public interest. In full view of the above, even if the approval for establishment was issued by the new committee of promoters with the authority of the committee of promoters for which the approval for establishment was null and void, it is not clear that the defects are to make the approval disposition of this case null and void annually. Thus, the plaintiffs' third ground for appeal is without merit.
3. Conclusion
Therefore, it is decided as per Disposition by the court that the plaintiffs' claims that have been changed in exchange at the trial due to the lack of justifiable grounds.
Judges
Maleman (Presiding Judge)
Seodaemun-gu’s words
Bailization
Site of separate sheet
Relevant statutes
Article 2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9047 of March 21, 2008)
9. The term "owner of land, etc." means any of the following persons:
(a) In cases of a residential environment improvement project or a housing redevelopment project or an urban environment improvement project, within a rearrangement zone;
Article 3 (Formulation of Master Plan for Urban Residential Environment Improvement)
(1) The Special Metropolitan City Mayor, Metropolitan City Mayors or the heads of Sis shall develop a residential environment improvement plan including the following:
(hereinafter referred to as the “basic plan”) shall be established every ten years: Provided, That such lawsuits as prescribed by the Presidential Decree shall be established.
In cases of scale, a master plan may not be formulated.
8. Outline of the zones scheduled to be designated as the rearrangement zone under Article 4.
The results shall be reflected in the master plan.
Article 4 (Formulation of Rearrangement Plan and Designation of Rearrangement Zone)
(1) The head of a Si/Gun shall concentrated buildings inferior to aging within the extent consistent with the basic plan, etc. prescribed by Presidential Decree.
A rearrangement plan including the following matters shall be formulated for a zone meeting the requirements prescribed:
The opinions of the local councils shall be made available to residents for at least 14 days, and the opinions of the local councils shall be attached thereto and determined to
An application for designation of a non-area shall be filed, and if it is necessary to modify the details of the improvement plan, the same procedure shall be
An application for modified designation shall be filed through a modified designation: Provided, That any minor modification as prescribed by the Presidential Decree shall be made.
In the case of residents' public inspection and hearing of opinions from local councils may not be conducted.
1. Title of the rearrangement project;
2. Rearrangement zone and its size;
(2) The Mayor/Do Governor shall designate or modify an improvement zone ( insignificantly pursuant to the proviso to paragraph (1), with the exception of its subparagraphs).
Where it is intended to designate any of the matters prescribed by Presidential Decree, the designation shall be prescribed by Presidential Decree.
under the provisions of Article 4 of the Building Act and the Special Metropolitan City Metropolitan City roads under the provisions of the Building Act
(hereinafter referred to as "City") designated or modified land after joint deliberation by the Building Committee established in the City (hereinafter referred to as "City")
shall be determined.
Article 11 (Selection of Work Executor)
(1) Housing redevelopment project partnership and urban environment rearrangement project partnership shall establish a housing reconstruction project after obtaining authorization to establish the association.
A cooperative shall select a constructor or registered business operator as a contractor after obtaining authorization for project implementation. Article 13 (Establishment of a cooperative and Organization of Promotion Committee)
(1) Where a person other than the head of a Si/Gun or the Korea Housing Corporation intends to implement a rearrangement project, land ownership.
An association shall be established: Provided, That the owners of lands, etc. under Article 8 (3) shall establish an association.
(2) Where the association is to be established under paragraph (1), the consent of a majority of the owners of lands, etc. shall be obtained.
(hereinafter referred to as the "Promotion Committee") with five or more members, including the chairperson,
(c)encing a system and obtaining approval from the head of the Si/Gun in accordance with methods and procedures prescribed by Ordinance of the Ministry
of this section.
Article 14 (Functions of Promotion Committee)
(1) Every promotion committee shall perform the following duties:
2. The specialized management businessman of rearrangement project under Article 69 (hereinafter referred to as the “specialized management businessman of rearrangement project”);
Selection
3. Preparation of a rough implementation plan for a rearrangement project;
Article 15 (Organization and Operation of Promotion Committee)
(2) The Minister of Construction and Transportation shall promote the promotion committee including the following matters for the fair operation of the promotion committee:
The operating rules of the Council shall be determined and publicly announced in the Official Gazette.
1. Matters concerning the method of selecting members of the promotion committee and changing them;
2. Matters concerning the rights and duties of members of the promotion committee;
3. Matters concerning the scope of duties of the promotion committee;
4. Matters concerning the methods of operating the promotion committee;
5. Payment of operating expenses of owners of land, etc.;
6. Other matters necessary for operation of the promotion committee, which are prescribed by the Presidential Decree.
The payment shall be made as prescribed by the Enforcement Decree.
Article 16 (Authorization, etc. to Establish Cooperatives)
(1) Land where the promotion committee for housing redevelopment projects and urban environment rearrangement projects intends to establish the association.
Articles of incorporation and documents prescribed by the Ordinance of the Ministry of Construction and Transportation with the consent of not less than 4/5 of the registrar.
The head of a Si/Gun shall obtain authorization. The same shall also apply where he/she intends to modify the authorized matters.
only if it is intended to modify minor matters prescribed by Presidential Decree, the Si/Gun without the consent of its members.
may be reported to and changed from the number.
When the promotion committee of a housing reconstruction project intends to establish an association, it shall own and manage an aggregate building.
each Dong of collective housing within the housing complex, notwithstanding the provisions of Article 47 (1) and (2) of the Act on the Promotion of collective Housing;
(In the case of welfare facilities, the whole of welfare facilities within the housing complex shall be considered as one building)
and with the consent of at least 2/3 of each of the voting rights, and 5 of all sectional owners and voting rights within a housing complex, respectively.
The head of a Si/Gun with the consent of at least four percent of the articles of association and the documents prescribed by Ordinance of the Ministry of Construction
The same shall apply to any modification to the authorized matters: Provided, That the proviso to paragraph (1) shall also apply.
When intending to modify minor matters pursuant to the provisions of the report, the head of the Si/Gun without the consent of the members.
report and change.
(5) Matters necessary for the application for the establishment of an association and the procedures for authorization under paragraphs (1) and (2) above shall be substituted by a substitute.
Colonel shall be prescribed by Cabinet.
Article 24 (Convening of General Meeting and Matters for Resolution)
(3) The following matters shall undergo a resolution at a general meeting:
10. Formulation and alteration of the management and disposal plans under Article 48 (1) (proviso).
It excludes minor modifications.
Article 48 (Authorization, etc. for Management and Disposal Plans)
(1) A project implementer (excluding a residential environment improvement project) shall terminate the period for application for parcelling-out under Article 46.
prior to the removal of the existing structure under this Act, in accordance with the provisions of Article 46.
A management and disposal plan including the following matters shall be formulated based on the current status of application for parcelling-out:
shall be authorized by the Corporation, and the same shall also apply where the management and disposal plan is amended, suspended, or discontinued.
(c) A report to the head of a Si/Gun on any modification to insignificant matters prescribed by Presidential Decree;
of this section.
3. Estimated amounts of the sites or structures scheduled for parcelling-out by person subject to parcelling-out;
4. Details of the previous land or buildings by person subject to parcelling-out and the date of public announcement of authorization for project implementation;
equivalent to the price
5. Estimated amounts of the rearrangement project costs, and the amount and timing of sharing the expenses to be borne by members, and the timing of sharing the expenses accordingly, Article 26 of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 20947, Jul. 29, 2008)
(1) Consent of the owners of lands, etc. under Article 16 (1) through (3) of the Act shall be based on the following matters:
The consent shall be obtained by means of the re-written consent.
1. Outline of the design of the building to be built;
2. Rough amount of expenses required for the removal and new construction of the building; and
3. Matters concerning the apportionment of expenses under subparagraph 2 (where outlines of design under subparagraph 1 are changed, the criteria for apportionment of expenses;
(including)
4. Matters on the reversion of ownership after completion of the project;
5. Articles of association.
Article 28 (Method of Calculating Number of Consent by Owners of Land, etc.)
(1) Consent of the owners of lands, etc. under Articles 13 through 16 of the Act, under Article 17 of the Act.
It shall be computed according to the following standards:
1. In cases of a housing redevelopment project or an urban environment rearrangement project, the following standards shall apply:
(a) In case where one parcel of land or one building belongs to two or more persons, their representatives;
to calculate one person as the owner of a plot of land, etc.
(b) Where superficies is established, the owner of the land and the representative of persons holding superficies on the land;
to calculate one person as the owner of land, etc.
(c) Where one person owns a lot of land or a large number of buildings on a lot, the parcel or construction.
Owners of land, etc. shall be calculated as one person regardless of the number of water: Provided, That urban environment rearrangement projects shall be conducted;
In the case of land owners, etc. acquired for the rearrangement project after designating the rearrangement zone;
The previous owner of livestock products shall be calculated by including the number of owners of land, etc., in such cases.
Whether consent has been obtained shall be determined by the owners of lands, etc.
(4) The consent (including the withdrawal of consent) of the owners of lands, etc. under Articles 13 through 16 of the Act shall be made by the method of written consent by using the reduction of seal imprint, and in such cases, a certificate of the personal seal impression shall be attached thereto: Provided, That in cases of foreigners, a signature shall be made on the written consent, and a certificate of the personal seal impression shall be attached to the certificate of the foreigner, etc
Article 6 (Application, etc. for Approval of Establishment of Promotion Committee by Ordinance of the Ministry of Land, Transport and Maritime Affairs on December 17, 2008)
A person who intends to implement a rearrangement project under subparagraph 2 of Article 2 of the Act (hereinafter referred to as "maintenance project") and who intends to obtain approval for the establishment of an association establishment promotion committee under Article 13 (2) of the Act (hereinafter referred to as "promotion committee") shall submit an application for approval for the establishment promotion committee in attached Form 2 to the head of a Si/Gun, along with the following documents:
2. Consent letters of the owners of land, etc.;
Article 7 (Application, etc. for Authorization to Establish Cooperatives)
(1) The promotion committee for rearrangement project shall be authorized to establish the partnership under Article 16 (1) through (3) of the Act.
When intending to grant authorization for the establishment (change) of an urban environment improvement project association for housing redevelopment projects in attached Form 3.
An application form or an application form for authorization for the establishment of a housing reconstruction and consolidation project association (change) in attached Form 4:
The head of a Si/Gun shall submit the documents attached thereto.
3. A written consent to establish an association and documents verifying consent from the owners of land, etc.;
10. Other documents prescribed by Ordinance of the Special Metropolitan City, a Metropolitan City, or a Do.
Article 3 (Preparation of Operational Rules)
(1) The promotion committee shall draw up operational rules before performing its duties under Article 14 (1) of the Act.
A majority of the owners of land, etc. or consent to organizing a promotion committee;
If a person receives it, he/she shall report it to the head of the Si/Gun.
(2) Operational regulations referred to in paragraph (1) shall be formulated based on the draft attached operational regulations in the following methods:
(c)
1. He/she shall confirm Article 1 or 3, or Article 4 (1);
2. Article 17 (6), 19 (2), 20 through 23, 29, 31 (5) through (7), and 33;
The provisions of paragraphs (2) and (3) of Article 35 and subparagraph 3 of attached Form 3 shall be applied in consideration of the regional conditions of the characteristics of the project.
may be corrected and supplemented to the extent that it does not contravene this section.
3. Matters determined, revised, supplemented, or added pursuant to the provisions of the subparagraphs of paragraph (2) may be added to the provisions, items, etc. within the operating rules, where necessary for the promotion of projects.
No provision or disposition of a relevant administrative agency shall be effective.
The former Busan Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (amended by Ordinance No. 4116 of August 2, 2006)
Of those)
Article 5-2 (Residents' Proposals concerning Formulation of Designation of Improvement Zones)
(1) A promotion committee for establishing an improvement zone may propose the head of the Gu to designate an improvement zone. Article 12 (Method of Preparing Application Documents for Authorization for Establishment of Association)
(1) The methods of preparing an application for authorization to establish an association and accompanying documents under Article 7 of the Enforcement Rule shall be as follows:
(c)
6. Details of association establishment of the owners of lands, etc. shall be publicly announced by the Ministry of Land, Transport and Maritime Affairs;
shall be in the form of a written consent under the Act, and in the list of members, the number of members, the address, name and right of the consenters;
shall be accompanied by a comprehensive statement of consent to enter the station and to verify the consent rate. Finally, the general statement of consent shall be