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(영문) 서울행정법원 2019.05.17 2018구합68353
조합원모집신고 수리처분 취소
Text

1. The instant lawsuit shall be 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. The Plaintiff is an organization formed by a resolution to elect six persons, including D, directors, and auditors, as executive officers, from October 23, 2016, in order to promote the establishment of a regional housing association where some owners of land in Jung-gu Seoul Metropolitan Government C, 9,502 square meters (hereinafter “instant project site”) will undertake business pursuant to the Housing Act.

On October 28, 2016, the Plaintiff applied for a unique number to the Dongdaemun-gu Seoul Island and was granted it on October 28, 2016, and was also issued by the Defendant a certificate of registration number for the registration of real estate on June 28, 2018.

B. On May 30, 2017, the Plaintiff, a daily newspaper, issued a “(tentative) regional housing association member recruitment notice” to the F press, and commenced the recruitment of members of the publicly announced regional housing association.

C. However, on December 20, 2017, the Intervenor joining the Defendant, a separate organization, submitted a report on recruitment of members of the regional housing association pursuant to Article 11-3(1) of the Housing Act to the Defendant on the instant project site in order to openly recruit members for the establishment of the regional housing association (hereinafter “instant report”), and the Defendant issued a disposition accepting the instant report on January 4, 2018 (hereinafter “instant disposition”).

In fact, in order to develop the instant project site, the G Committee had already been established from around 2009, and the district unit planning was planned and publicly announced to build the station area long-term charter house (f) around February 201 according to the progress of the project, and the construction deliberation was passed around April 201.

However, the organization of the said G Committee was under the situation due to reasons such as loss of business power, etc., but from September 2014, the instant business site, which was part of the progress project site, was the project site, due to the involvement of H, etc. (hereinafter “stock company” in the name of the company”), which was an executing agency from around September 2014.

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