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(영문) 수원지방법원 2015.01.09 2013구합17047
주택재개발정비사업조합 설립인가 무효확인
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. On July 30, 2007, the Defendant made a public announcement on July 30, 2007, designating E/F workers’ day-to-day E/F workers’ day-to-day, 248,282 square meters as urban renewal acceleration districts.

B. On December 4, 2009, the Defendant: (a) included and excluded part of the public facilities, such as the existing omitted lots, side roads, wooden tent roads, etc., in the said urban renewal acceleration district as G public announcement of Gyeonggi-do; and (b) determined and publicly notified an urban renewal acceleration plan; and (c) publicly notified the urban renewal acceleration plan, the area was 2,281,110 square meters; (b) the area was 163,168.60 square meters (C district; hereinafter “instant rearrangement district”) in the said urban renewal acceleration district as a housing redevelopment district to create a pleasant dwelling by improving residential environment and maintaining infrastructure.

C. The owners of land or buildings within the instant rearrangement zone (hereinafter “owners of land, etc.”) organized a Housing Redevelopment Improvement Project Promotion Committee (hereinafter “instant promotion committee”) with the consent of a majority thereof, and applied for the approval thereof to the Defendant. The Defendant approved the establishment on December 22, 2010.

On October 17, 2011, the instant promotion committee held an inaugural general meeting (hereinafter “instant inaugural general meeting”) and decided to establish an association, etc., and applied for authorization to establish an association to the Defendant on October 18, 201.

E. On October 31, 201, the Defendant reviewed the requirements for consent of at least 3/4 of the owners of land, etc. and at least 1/2 of the size of land in the instant improvement zone, on the ground that the Defendant applied for authorization to establish an association on the following grounds: (a) on the aggregate of the State-owned and public land owned by the Gwangju-si, the Office of Administration, the Ministry of Land, Transport and Maritime Affairs (Gu Ministry of Strategy and Finance, the Ministry of Land, Transport and Maritime Affairs, the National Police Agency), and Gyeonggi-do (i) 38,353.69 square meters (i.e., the total area of 163,168.60 square meters - private land 124,814.91 square meters in private land; and (ii) on the basis that only the land owner of at least 81,421.06 square meters in private land, determined that only

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