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(영문) 서울행정법원 2015.12.10 2014구합18466
주택재건축정비사업조합설립인가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On September 7, 2006, the Mayor of Seodaemun-gu Seoul Metropolitan Government publicly notified C on September 7, 2006, designated and publicly notified the Seodaemun-gu Seoul Metropolitan Government D (hereinafter “D”) E as the 19,246 square meters (hereinafter “instant improvement zone”) as the housing reconstruction improvement zone.

B. On May 14, 2007, the promotion committee for the establishment of the B Housing Reconstruction Project Association (hereinafter “instant promotion committee”) obtained approval from the Defendant for the establishment of the promotion committee for the establishment of the housing redevelopment project association whose purpose is to establish the instant improvement zone as the planned area for the implementation of the project.

C. On May 2, 2013, the instant promotion committee held an inaugural general meeting (hereinafter “instant inaugural general meeting”) and applied for authorization for the establishment of the association to the Defendant around September 2013, along with the requisitioned consent to establish the association from the landowners or building owners in the instant improvement zone.

On September 17, 2013, the Defendant approved the establishment of the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor joining the Intervenor”) pursuant to Article 16(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter referred to as the “Urban Improvement Act”), on the ground that the consent (76.52% of the number of landowners, 101 (12 landowners, 12 landowners, and 89 landowners) has been obtained from 132 landowners (2 landowners, 2 building owners, and 108 landowners) in the instant rearrangement zone.

(hereinafter “instant disposition”) e.

The Plaintiff owns a building on the ground (Nos. 1, 2, and 3(d) on the land of Seodaemun-gu Seoul Metropolitan Government in the instant improvement zone.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 8, 15, Eul evidence Nos. 4 through 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s instant disposition was made without the consent of at least 3/4 of the owners of land, etc. as set forth below, and thus, illegal.

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