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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is an urban environment improvement association with the consent of 79 owners of land, etc. (75.96% of the consent rate) on February 10, 2009, in order to implement an urban environment improvement project in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (the area was 11,438 square meters in the beginning of a church, but the same was changed to F in the Seodaemun-gu public notice on April 28, 2010; hereinafter “instant project area”).
B. On September 1, 2014, G filed an application with the Defendant for dissolution by attaching 58 written consent for dissolution to the Defendant.
(hereinafter referred to as the “application for dissolution of this case”).
After recognizing that the consent of 55 dissolution is valid, the Defendant publicly announced it as H on October 29, 2014 pursuant to Article 16-2(1)2 of the Act on the Improvement of Urban Areas and Residential Environments (hereinafter “Urban Improvement Act”) and the Seodaemun-gu Seoul Metropolitan Government public notice on November 5, 2014, on the ground that the dissolution of an association was applied for with 55 consent of 104 owners of land, etc. (52.88% of the consent for dissolution).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2, Gap evidence 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the number of consent to dissolution against the Plaintiff does not reach the majority of the owners of land, etc. for the same reason, and thus, the instant disposition is unlawful.
1) I and J are residing in a foreign country for a long time, K is a Chinese national, and in light of their circumstances, it is difficult to regard the written consent for dissolution prepared by them as a written consent for dissolution, and it shall be deemed that the above family members or third parties have voluntarily prepared the written consent for dissolution and the written application for sale. 2) L differs from the written consent for dissolution and the written consent for sale, G differs from the written consent for distribution and the written consent for the receipt of the previous documents for information disclosure claim, and M is an application for sale and written by the N who has transferred land to South Korea.