(영문) 수원지방법원 2015.05.12 2013구합9954

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(영문) 수원지방법원 2015.05.12 2013구합9954

조합설립인가처분취소 등

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. A. B Housing Reconstruction Project Promotion Committee (hereinafter “instant promotion committee”) was established with a total of 35,288.10 square meters in broad name C and D as a business area (hereinafter “instant improvement zone”), and the Plaintiff is a sectional owner of 108,000 commercial building located within the instant improvement zone.

B. On June 25, 2013, the instant promotion committee entered into an implementation agreement with the sectional owners located in the instant improvement zone as follows (hereinafter “instant implementation agreement”).

1. The current sectional owner of a commercial building shall maintain his/her share in the site and voluntarily construct a commercial building within the scope permitted by the Gwangju-si, and the remaining share in the site shall be an apartment building to the extent permitted by the relevant Act, and all the development gains therefrom shall belong to the sectional owner of the commercial building;

2. The number of members of a commercial building shall be at least 150 percent of their share in the previous commercial building to the owners of share in the commercial building for reconstruction.

4. Even if the City Corporation promotes a project by share or contract for apartment members, it shall manage and dispose of the members of the commercial building in the manner described above and the administration and disposal of multi-family housing members shall proceed separately.

12. The part related to commercial buildings in a business action plan shall obtain the consent of at least 2/3 of the members of the commercial building before the application for the business plan;

13. The instant implementation agreement serves as the standard for the management and disposal of commercial building partners.

15. A sectional owner of a commercial building shall submit a written consent to establish an association, subject to the instant implementation agreement, and where the said implementation agreement is not implemented or a management and disposal agreement is made different from the implementation agreement, the written consent submitted by the sectional owner of the commercial building shall be null

C. The instant promotion committee holds an inaugural general meeting on July 4, 2013, and on July 2013.

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