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(영문) 창원지방법원 2014.11.21 2013구합1605
주택재개발정비사업조합추진위원회설립승인처분무효확인 등
Text

1. The composition and approval of the Housing Redevelopment Improvement Project Promotion Committee among the lawsuits of this case.

Reasons

1. Details of the disposition;

A. On August 8, 2006, the Defendant (the “Masan City” refers to the “Masan City” at the time) rendered a disposition of organizing and approving the establishment of the Housing Redevelopment Promotion Committee (hereinafter “Promotion Committee”) for the A-Class A Housing Redevelopment Project (hereinafter “Promotion Committee”) on the ground that there was 104 consents (50.48%) among 206 owners of land, etc. (in combination of landowners, building owners, land owners, and building owners) within the said area as a zone scheduled to implement the project, the total land owners within the said zone (hereinafter “land owners, building owners, and building owners”) with the size of 35,307.04 square meters of the site area of the Masan-si (hereinafter “Masan-si”).

B. Under the absence of a master plan for urban and residential environment improvement, improvement plan, and rearrangement zone designation under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter “Urban Improvement Act”), the said promotion committee has promoted the project in this case. The Defendant established a rearrangement zone and the area of the project in this case as “35,130 square meters in Seoul, Changwon-si, Changwon-si,” and publicly announced the improvement plan as to the proposed improvement plan from April 9, 2007 to April 22, 2007 (integrated at Changwon-si, 201). Upon the Defendant’s request, the said promotion committee designated and publicly announced the improvement zone as E.

C. On September 11, 2008, the promotion committee filed an application with the Defendant for authorization to establish a housing redevelopment project for the instant rearrangement zone, and the Defendant recognized that there were 206 owners of land, etc. (206 landowners, 12 building owners, 193 landowners, and 193 landowners) consent (75.728%) among 156 owners of land, etc., and made a disposition to approve the establishment of the instant project (hereinafter “instant disposition”; and the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s housing redevelopment rearrangement project association (hereinafter “participating association”).

Since May 18, 201, the defendant shall be liable for damages.

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