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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On December 29, 201, the Defendant was granted authorization for the establishment of a housing reconstruction improvement project (hereinafter “instant project”) with the aim of implementing the housing reconstruction improvement project (hereinafter “instant improvement project”) on three parcels, F in 80,421.7 square meters (hereinafter “instant improvement zone”) out of Sincheon-si, which was designated as an improvement zone on December 29, 201, and the Defendant is a housing reconstruction improvement project association, the registration of incorporation of which was completed on December 20, 2013, and the Plaintiffs are the Defendant’s members.
B. Defendant’s establishment 1) D Housing Reconstruction Project Association Establishment Promotion Committee (hereinafter “Promotion Committee”)
G apartment 24 units (total 722 units; hereinafter referred to as “the instant apartment units”) located on the ground of 77,345.7 square meters, both the F, Sincheon-si, and three parcels.
b)a store and a commercial building (a total of 32 stores; hereinafter referred to as “instant commercial building”);
(2) On August 17, 2012, the promotion committee obtained the consent of 511 members of the instant apartment and commercial buildings among 746 members of the sectional owners and obtained the approval of the Central City Mayor on March 20, 2012. 2) On the contrary of the sectional owners of the instant commercial buildings, the promotion committee failed to meet the consent requirements for establishing an association under Article 16(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter “Urban Improvement Act”). On the other hand, the committee filed a lawsuit against the instant sectional owners on August 17, 2012 to divide the part of the site of the instant commercial building into the instant commercial building (hereinafter “Uwon District Court 2012hap5648, May 248, 201), and completed the establishment of the association and the association’s association’s establishment on March 19, 2012.
3. However, some of the sectional owners of the instant commercial building filed an administrative appeal disputing the validity of the authorization for establishment.