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(영문) 광주지방법원 2017.08.17 2016구합13199
추진위원회승인거부처분취소
Text

1. On November 22, 2016, the change of the members of the Committee for the Promotion of Housing Redevelopment Project, which the Defendant had against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a promotion committee consisting of a housing redevelopment project district (hereinafter “instant project implementation district”) and a committee consisting of a promotion committee consisting of a housing redevelopment project association with the size of 166.986 square meters in Gwangju Northern-gu B.

B. Although the term of office of the members of the committee, such as the chairperson C, etc. of the Plaintiff who approved the opening of the resident general meeting for the appointment of members of the promotion committee, the new procedures for the appointment of members did not proceed. D, on July 6, 2016, upon the consent of at least 1/5 of the owners of the land, etc. in the project implementation district of the instant case, filed an application with the Defendant for convening a resident general meeting for the appointment of members of the promotion committee pursuant to Article 15(4) of the Operational Regulations for the Establishment of the Promotion Committee of the Promotion Committee of the Promotion Committee of the Ministry of Land, Infrastructure and Transport (Notice No. 2016-187, Apr. 8, 2016)

C. On October 6, 2016, a resident general meeting (hereinafter “instant resident general meeting”) with the authority to convene a resident general meeting by the Defendant who applied for approval of the change of the members of the resident general meeting and the establishment promotion committee of the association (hereinafter “D”) was held, and on October 18, 2016, a resident general meeting was requested to change E to the Plaintiff’s chairperson, F, and G to the Plaintiff’s auditor, according to the results of the instant resident general meeting.

On November 22, 2016, the Defendant issued a written consent to the instant disposition to 240 persons, on which the Plaintiff returned the notice of convening the residents’ general meeting of this case, by adding a registered mail to the 240 persons who violated Article 20(5) of the Operating Rules, and there is a defect in the convocation procedure in violation of Article 20(5) of the Operating Rules. ② The written consent of the promotion committee submitted by 40 persons among the owners of land, etc. who did not consent to the composition of the promotion committee was submitted by a person who did not have the authority to demand the consent.

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