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(영문) 춘천지방법원 2020.07.14 2019구합51688
조합설립인가무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On December 18, 2012, the Governor of Gangwon-do designated the project implementation district of this case 80,449 square meters (hereinafter “instant project implementation district”) as a housing redevelopment project zone and publicly announced it.

B. The committee for promotion of M&D’s redevelopment project with the purpose of establishing a housing redevelopment project association in the project implementation district of the instant case (hereinafter “instant promotion committee”) was established with the consent of 228 owners of land, etc. in the instant project implementation district after obtaining approval from the Defendant.

C. The instant promotion committee filed an application with the Defendant for authorization for the establishment of M&D association (hereinafter “instant association”). On October 18, 2013, the Defendant recognized that 257 owners of the instant project implementation district obtained consent from 334 owners of the instant land, etc. (76.9%) and issued a disposition authorizing the establishment of the instant association (hereinafter “instant disposition”).

The Plaintiffs owned real estate located in the project implementation district of the instant case.

[Reasons for Recognition: Facts without dispute, Gap evidence 2, 4, 5, Eul evidence 1-1, Eul evidence 2, 3, and 7 (including branch numbers, if any; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The plaintiffs' assertion on the written consent to the establishment of the promotion committee of this case and the written consent to the establishment of the association of this case contain the following errors, and the consent to the establishment of the association of this case based on such written consent is null and void, and the disposition of this case based thereon is null and void due to serious and apparent defects

The operating rules were not attached to the written consent to the establishment of the committee of this case, and there was no substantial content.

The consent to the establishment of the promotion committee of this case is null and void.

B. In the written consent for the establishment of the committee of promotion of this case, the outline of the design and construction cost of the buildings to be constructed under the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter

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