logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.10.19 2016구합12929
조합설립추진위원회 승인처분 무효확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Details of the disposition;

A. The plaintiff A was the chairperson of the Promotion Committee for the Establishment of Redevelopment Partnership in the D Area (hereinafter referred to as the "Promotion Committee of this case"), which was implemented in the Seo-gu, Seo-gu, Gwangju (hereinafter referred to as the "Redevelopment Project"), and the plaintiff B and C are the residents of the redevelopment project area of this case.

B. On October 1, 2003, Nonparty F applied for approval of the instant promotion committee to the Defendant as the representative of the applicant of the promotion committee of this case.

C. On December 16, 2003, the Defendant: (a) deemed that the said application conforms to relevant provisions, such as “the applied area: 53,897 square meters, total number of lots of land: 793 lots of land: 493 persons: 415 persons; (b) 43 persons; and (c) the number of consenters: 237 persons (at the consent rate: 57.1%); and (d) rendered a disposition approving the instant promotion committee (hereinafter “instant prior disposition”).

The instant promotion committee held a promotion committee on May 4, 2015, and held an inaugural general meeting of the D Housing Redevelopment Development Project Association on June 26, 2015.

E. On November 6, 2015, the Defendant issued the instant disposition to authorize the Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor’s Intervenor’s Intervenor’s association”) to establish the Intervenor’s association.

F. Meanwhile, on September 5, 2014, Plaintiff A entered into a contract with Nonparty G, who consented to the establishment of the instant promotion committee and the Intervenor’s association, to purchase the Seo-gu Seo-gu H land and acquired ownership on October 2, 2014, and Plaintiff A and B consented to the establishment of the Intervenor’s association.

G. On March 23, 2017, after the instant disposition, Plaintiff C acquired the ownership of land in Seo-gu, Gwangju.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 11, 12, 29, 30, Eul evidence Nos. 1, 2, 3, 7, Eul evidence Nos. 6 (including each number), and the purport of the whole pleadings

2. The defense prior to the merits and the judgment thereon

A. The plaintiff A and B established the intervenor association prior to the merits of the defendant and the intervenor association.

arrow