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(영문) 서울행정법원 2015.06.12 2015구합1816
조합설립인가무효확인등
Text

1. Of the instant lawsuits, the Defendant limited to the Preparatory Committee for the Establishment of the B Housing Redevelopment Project Association on September 7, 2004.

Reasons

1. Details of the disposition;

A. The Intervenor Union is the Housing Redevelopment and Development Project Association aimed at housing redevelopment project with the aim of housing redevelopment project as to 64,452.96m2 (hereinafter “instant rearrangement zone”) in Mapo-gu Seoul Metropolitan Government, and the Plaintiff is a member of the Intervenor Union as the owner of land, etc. within the instant rearrangement zone.

B. The defendant on September 7, 2004 (hereinafter "the promotion committee of this case") established the B Housing Redevelopment and Improvement Project Association (hereinafter "the promotion committee of this case")

A) A majority of the owners of the land, etc. in the instant rearrangement zone (473.5 of 894 and 52.96% of the consent rate) approved the composition of the said promotion committee on the ground that consent to its composition was obtained (hereinafter referred to as “instant approval disposition”).

(2) The promotion committee of this case is a person who owns a plot of land or a plot of land and a plot of land in the rearrangement zone.

(2) On November 29, 2006, the Defendant filed an application with the Defendant for authorization to establish an association (hereinafter “instant authorization disposition”) on the ground that the instant promotion committee obtained consent to establish an association from at least 4/5 (699 among 863 persons, and 80.99% of the consent rate) of the entire owners of land, etc. in the instant rearrangement zone.

After formulating a project implementation plan on September 3, 2007 under the premise that the instant authorization disposition is valid, the Intervenor Union received a disposition to authorize the implementation of the project on September 3, 2007. After formulating a management and disposition plan, it received a disposition to approve the management and disposition plan on June 5, 2008, and received a disposition to approve the change of the management and disposition plan

3. However, on October 30, 2009, some of the members were “a summary of the design of a building constructed” in part of the first written consent, and “a rough amount of expenses required for the removal and new construction of a building” in each column, and thus, the consent of the establishment of an association based on the first written consent has no effect, and it did not meet the consent ratio.

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