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(영문) 의정부지방법원 2016.08.23 2015구합8393
조합설립인가취소
Text

1. The Defendant’s disposition of approving the establishment of an association against the Intervenor joining the Defendant on March 13, 2015 is revoked.

2. The costs of lawsuit;

Reasons

1. Details of the disposition;

A. On December 31, 2010, the Establishment Promotion Committee for Zone B Housing Redevelopment and Improvement Projects (hereinafter “instant Promotion Committee”) organized for the redevelopment and improvement project of Zone B’s housing (hereinafter “instant project”) in the Guri-si, Dongri-si, Seoul (hereinafter “instant Promotion Committee”) obtained approval for establishment from the Defendant.

B. On May 11, 2010, the Governor of the Gyeonggi-do designated the Seoul Special Metropolitan City 147,714 square meters (hereinafter “instant improvement zone”) as an urban renewal promotion zone, and decided to implement the urban renewal acceleration plan to be publicly announced D on May 11, 2010 by designating the name of the project as a housing redevelopment project in the zone B. On January 12, 2011, the Gyeonggi-do public notification E and the Gyeonggi-do public notificationF on April 23, 2013, respectively.

C. On January 31, 2015, the instant promotion committee held an inaugural general meeting on the establishment of a district B Housing Redevelopment Project Association (hereinafter “instant inaugural general meeting”), and received consent (hereinafter “instant consent”) from 994 persons (75.65%) among the total owners of the land, etc. in the instant improvement zone, including 1,314 persons (75.65%) and filed an application for authorization for the establishment of the Housing Redevelopment Project Association with the Defendant on February 4, 2015.

After examining the above application for authorization, the Defendant included two omitted owners, such as land, etc. which submitted a written consent, and excluded seven persons who are not approved from consent, and included three persons who submitted a written consent after the inaugural general meeting of this case.

Accordingly, on March 13, 2015, the organization of the Intervenor joining the Defendant (hereinafter “ Intervenor joining the Defendant”) was authorized on March 13, 2015, on the ground that the total number of land owners exceeds 1316 persons, 92 persons who are lawful consenters (i.e., 994 2-7 3), 75.37% of the final consent ratio (i.e., 992 persons/1, 316 persons) and the consent ratio to be legally met.

(hereinafter referred to as “instant authorization disposition”). 【No dispute exists, Gap evidence Nos. 1, 2, and 27, Eul evidence Nos. 1, 11, and 12, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The instant written consent of this case was defective.

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