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(영문) 서울행정법원 2016.05.27 2016구합1219
조합설립(변경)인가무효확인
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of litigation shall include parts resulting from the participation.

Reasons

1. Basic facts

A. The Intervenor Cooperative is a housing redevelopment and rearrangement project partnership with the authorization granted by the Defendant on December 3, 2008 to implement a housing redevelopment project in Dongdaemun-gu Seoul Metropolitan Government Seoul Metropolitan Government (hereinafter “instant project zone”) on December 3, 200, and the Plaintiff (hereinafter “Plaintiff”) and the designated parties D, E, F, and G are the Intervenor Cooperative members.

B. The Intervenor Union promoted a housing redevelopment project as follows:

On October 19, 2006, the Seoul Special Metropolitan City Mayor's designation and announcement of H urban renewal acceleration districts on January 7, 2008, the designation and alteration designation of H urban renewal acceleration districts, the determination of urban renewal acceleration plans and the preparation of topographic drawings on December 3, 2008 of the Seoul Special Metropolitan City Mayor on December 12, 2008 (the Seoul Special Metropolitan City public notification I) the Defendant's public announcement on October 21, 2010 of the Seoul Special Metropolitan City Mayor's public announcement on the alteration designation of H urban renewal acceleration plans (B public notification of Seoul Special Metropolitan City) for the Defendant's association on March 12, 2009 (the Seoul Special Metropolitan City public notification K)

C. On November 11, 2013, the Intervenor Mutual Aid Association held a general meeting of partners and passed a resolution on the appointment of new executives (the president of the Mutual Aid Association, two auditors, and eight directors). On April 11, 2014, the Intervenor Mutual Aid Association held a general meeting of partners (hereinafter “instant general meeting”) and passed a resolution on the amendment of the B urban renewal acceleration plan covering the amendment of the land use plan regarding the instant project area, specific-use area plan, infrastructure installation plan, construction plan, etc. (hereinafter “instant amendment”). On the other hand, the Intervenor Mutual Aid Association adopted a resolution on the appointment of eight representatives.

On June 13, 2014, the Intervenor Mutual Aid Association filed an application with the Defendant for change of executive officers of the said Mutual Aid Association, appointment of substitute representatives, and change of partnership ownership (change of partnership number from 605 to 600). On the same day, the Defendant processed approval for the change on the same day.

(hereinafter “instant modified approval disposition”)

E. The Intervenor Union shall file an objection with the Defendant on August 22, 2014.

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