logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.01.29 2015구합59747
조합설립추진위원회 승인 취소 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff obtained approval from the Defendant on December 19, 201 to promote a housing redevelopment project by making the Geumcheon-gu Seoul Metropolitan Government 182,717 square meters (hereinafter referred to as the “instant rearrangement project zone”) as a prospective project site for the implementation of the project.

On December 3, 2014, the Defendant received a written consent for dissolution under the name of 480 persons among 939 "owners of land, etc." within the instant rearrangement project zone.

(hereinafter referred to as “instant application for dissolution”. The Defendant revoked the approval of the promotion committee for the Plaintiff on March 24, 2015 pursuant to Article 16-2(1)1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 13508, Sept. 1, 2015; hereinafter “Urban Improvement Act”) based on the written consent for dissolution (50.15%) among the written consent for dissolution submitted as above.

(2) The disposition of this case is unlawful on the premise that a majority of the owners of the land, etc. consented to the dissolution of the plaintiff, on the ground that the disposition of this case is lawful, if the disposition of this case is excluded from seven written consent for dissolution, such as C, etc. submitted a written consent for dissolution among the written consent for dissolution of 480 persons submitted to the defendant by the plaintiff, and seven written consent for dissolution, such as D forged by others, from among the written consent for dissolution of the plaintiff, the majority of the owners of the land, etc. cannot be deemed to have consented to the dissolution

It is as shown in the attached Form of the relevant regulations.

On February 5, 2015, 2015, the Plaintiff’s assertion of withdrawal of consent to dissolution should be sealed and signed by 17 persons, such as C, etc., and the written withdrawal of consent to dissolution of the association establishment promotion committee accompanied by a copy of the identification certificate, submitted to the Defendant on the ground that the above 17 persons among the written consent to dissolution submitted to the Defendant should be excluded.

Article 17 (1) of the Act on the Maintenance and Improvement of Urban Markets provides that the consent under Article 16-2 (1) shall be given.

arrow