logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.11.23 2018구합64610
조합설립변경인가무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. 1) Housing owners who have consented to the establishment of the previous association under the former Housing Construction Promotion Act (including the establishment of the previous association under the former Housing Construction Promotion Act) shall be the former Housing Construction Promotion Act (amended by Act No. 6852, Oct. 1, 2003; hereinafter “former Housing Promotion Act”).

() On April 10, 200, for the purpose of establishing a reconstruction association pursuant to Article 44-3, an inaugural general meeting was held by 160 persons among 311 persons who agreed on April 10, 200, and passed a resolution with the consent of all members present at the rebuilding resolution, the rebuilding agreement, the articles of association, and the draft business plan to newly construct a building with a total floor space of 92,790 square meters, building area of 5,484 square meters on a site area of 29,79 square meters. (hereinafter “previous association”).

(2) Around November 4, 2002, the previous union applied for safety inspection of the said reconstruction zone to the Defendant by dividing the said reconstruction zone from 1 to 7 blocks. Around March 31, 2003, the previous union was decided to be subject to safety inspection of only 1 to 4 blocks.

On June 26, 2003, the defendant was notified that the block was subject to reconstruction as a result of safety diagnosis.

Therefore, on June 24, 2003, the previous union held a general meeting of 174 members among 316 members (the increase of five members after the inaugural general meeting) and decided to apply for authorization for establishment of a new association with the consent of all members of the members of the association to change the contents of the previous reconstruction resolution and reconstruction project (the proposal of subparagraph 4), and to 1-4 block that passed the safety inspection first, but the remaining 5-7 block will apply for authorization for establishment of a new association according to the result of safety inspection.

The consent of rebuilding resolution and rebuilding project contents among the total revision and the design outline of the new building among the rebuilding project contents. ① The design outline of the new building by block (1 to 7 block) shall be 5,988.53 square meters of 173.35% through 2 block omitted of 173.35%, and 157.72% through 7 block of 157.72% of the total floor space and size of the site area of the new building by block.

arrow