208Na16905 Confirmation, etc. of the nullification of partnership's incorporation

It is as shown in the attached list of plaintiffs.

[Defendant-Appellant]

O0 Housing Redevelopment Development Project Association

Busan

Representative Association Head of the Association;

소송대리인법무부법인 ◆◆

[Defendant-Appellee]

Busan District Court Decision 2007Gahap19764 Decided October 16, 2008

March 26, 2009

April 16, 2009

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

In the first place, it is confirmed that the establishment of the defendant's association is null and void, and it is confirmed that the promotion committee of the housing re-development project in the ○○○ area was null and void, and that the resolution of the resident's general meeting selected the contractor as X Construction Co., Ltd. on July 16, 2005, and that the resolution of the defendant ratified the resolution of the selection of the above contractor at the general meeting on April 1,

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's main claim and the conjunctive claim are all dismissed.

1. Basic facts

A. Status of the parties

피고 조합은 부산 ---- 외 842필지( 이하 '이 사건 사업구역'이라 한다) 에 대한 주 택재개발사업을 수행하기 위하여 이 사건 사업구역 내 토지등소유자 861명 중 712명 의 동의(동의율 82.69% )를 받아 조합설립신청을 하여 부산광역시 ▲▲구청장으로부터 2006. 8. 11. 조합설립인가를 받은 구 도시 및 주거환경정비법(2006. 5. 24. 법률 제 7960호로 개정된 것, 이하 '도시정비법'이라 한다)상의 주택재개발사업조합이고, 원고들 은 위 사업구역 내의 토지등소유자들이다.

(b) Main details of written consent for the establishment of the association;

The main contents of the written consent to establish an association (hereinafter referred to as the "written consent of this case") that the defendant association received from the owners of land, etc. are as follows.

(i)the outline of the design of the new building;

A person shall be appointed.

(ii)the estimated amount of the cost of removal and new construction of the building;

A person shall be appointed.

3) Sharing of expenses

The final determination;

(A) impose and collect expenses according to the articles of incorporation of the partnership, make a provisional settlement at the time of administration and disposal, and liquidate the partnership;

under the provisions of the articles of association of the Association, the expenses and profits shall be borne equally in accordance with the standards for management disposition;

distribution.

B) The principle of equity by evaluating the value of assets owned by partners as prescribed by the articles of association.

Initial appropriation for both revenues and the contributions of association members resolved or consented to by the general meeting of association members;

C) The costs of construction and all expenses related to the project to be paid to the contractor are the general share of housing and appurtenant and welfare facilities.

and, if any shortage occurs, it shall be fairly apportioned in accordance with the standards for union articles and management disposition. 【The fact that there is no dispute over the grounds for recognition, Gap evidence 1, Gap evidence 4, 5, and 6 respectively, and the purport of the body prior to pleadings.

2. Relevant statutes;

Attached Form 3 is as shown in the "relevant Acts and subordinate statutes".

3. Parties’ assertion

A. The plaintiffs' assertion

1) According to the Urban Improvement Act, in order to establish a redevelopment association, the consent of at least 4/5 of the owners of the land in the project zone must be obtained, and the number of consenters shall be at least 4/5 of the owners of the land and buildings separate from each other, but the Defendant Union merely obtained the consent of at least 82.69% of the total number of owners of the land and buildings. Thus, the establishment of the Defendant Union is null and void.

2) The instant written consent does not contain any provision regarding the apportionment of expenses incurred in the removal and construction of buildings under Article 26(1) of the former Enforcement Decree of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 19507, Jun. 12, 2006). Therefore, the establishment of the Defendant Union based on the said written consent is null and void.

B. The defendant union's assertion

1) There is no basis for calculating the number of consenters of the owners of lands, etc. for the establishment of redevelopment cooperatives under the law as alleged by the Plaintiffs.

2) According to the Urban Improvement Act, the amount and method of collection of rearrangement project costs, the details of allocation of rearrangement project costs by association members are subject to the resolution of the general meeting of association members, and different from the reconstruction project by the equity method, the re-development project is governed by a contract method. In particular, in the case of redevelopment cooperatives, the value of their property is mixed, and in the case of redevelopment cooperatives, it is too diverse to obtain the approval for establishment and the approval for implementation of the project, and the value of individual association's previous assets can be realized only at the stage of receiving the application for parcelling-out after the date of coming into existence. Thus, even though the Urban Improvement Act regulates the redevelopment project and the redevelopment project as the same legal system, it is not necessary to keep any difference in its nature. Article 26 (1) of the former Enforcement Decree of the Urban Improvement Act has brought about Article 47 (3) of the Act on the Ownership and Management of Aggregate Buildings, which regulates the reconstruction project, and thus it is unlawful and void because

Even if Article 26(1) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents does not violate the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, it is practically impossible to estimate the cost-sharing amount at the time of the establishment of redevelopment association because of the characteristics of the above redevelopment project. The purport of the above provision is to interpret that it is not necessary to determine the cost-sharing amount, and that it is sufficient to clearly state the procedure and method to determine the cost-sharing amount in accordance with the future project progress at the time of the establishment of the association. According to the consent of this case, it is possible to predict how the cost-sharing amount will be determined according to the project progress, and it is determined to set the basis for calculation of the cost-sharing amount or calculation of the cost-sharing amount.

In addition, the written consent of this case is used as it is in the form of attached Form 3-2, which imposes a duty to use under the "Operational Rules of the Promotion Committee for the Establishment of the Urban and Residential Environment Association" (the Minister of Land, Transport and Maritime Affairs) publicly notified by the Minister of Land, Transport and Maritime Affairs pursuant to Article 15 (2) of the Urban and Residential Environment Act and the "Ordinance for the Maintenance of Urban and Residential Environment" (the "Ordinance for the Maintenance of Urban and Residential Environment"). Since the above operating regulations and the attached forms of the written consent are deemed to have the nature as a legal order, the establishment of the defendant association based on the written consent of this

Therefore, the establishment of the Defendant Union based on the instant written consent is valid.

4. Determination as to whether the computation of the quorum for consent is unlawful

In full view of the provisions of Article 2 subparagraph 9 (a) and Article 16 of the former Act and Article 28 (1) of the Enforcement Decree of the same Act, when establishing a redevelopment association, it is necessary to obtain consent from at least 4/5 of the total owners of lands, etc., and in addition, it cannot be deemed that the landowner and at least 4/5 of the building owners should obtain such consent. Therefore, this part of the plaintiffs' assertion is without merit.

5. Determination as to whether the burden of expenses for consenting to the establishment of the association is stated

A. Whether Article 26(1) of the former Enforcement Decree of the Urban Improvement Act violates the Urban Improvement Act

Before the implementation of the Urban Redevelopment Act, the Urban Redevelopment Act regulates redevelopment projects under the former Urban Redevelopment Act and the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings"), which regulates reconstruction projects under the former Housing Construction Promotion Act and the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings"), while the consent of the establishment of the redevelopment project was required in terms of the establishment of the association, the redevelopment project requires reconstruction resolution in the aspect of the association's nature, while the redevelopment association was a non-corporate association in the aspect of the association's character, while the reconstruction association was a non-corporate association in the aspect of the association's nature, and the rebuilding resolution was set forth under Article 47 (3) of the Act on the Ownership and Management of Aggregate Buildings, but the consent of the redevelopment association did not meet these requirements. Therefore, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions of Land, etc. was enacted to emphasize the public nature of the reconstruction project and strengthen the regulation thereof.

(b) Degree of embodying the apportionment of expenses for consenting to the establishment of the association;

1) According to Article 16(1) of the former Act and Article 26(1) of the Enforcement Decree of the same Act, when a redevelopment association is to be established, a summary of the design of the building to be built, a summary of the expenses to be incurred in removal and new construction of the building, a summary of the expenses to be incurred in such removal and new construction, (3) matters concerning apportionment of ownership after completion of the project, and (5) matters concerning attribution of ownership after completion of the project, etc. shall be subject to the consent of the owners of the land, etc. by a written consent stating the articles of association, etc.

On the other hand, among the matters stipulated in Article 26(1) of the Enforcement Decree of the above Act, ① the outline of the design of the building to be constructed, ② the rough amount of expenses required for the removal and construction of the building per se cannot be said to be the matters concerning the bearing of the cost, but all of them shall be deemed to be the basis for determining matters concerning the bearing of the cost.

2) However, in the case of a redevelopment project, the owners of housing and land are mixed in the project area, and the value of the property is too diverse, while in the case of Article 11(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, the redevelopment project association can select the construction project only after obtaining the authorization for the establishment of the project, and it can be determined in detail as to the cost sharing since the consent of the association is granted. It is not only possible to modify or modify part of the cost sharing cost due to changes in the design, increase in expenses, etc. in the process of the project, or to more concrete and more concrete. In addition, according to Article 48(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, it is difficult to establish a management and disposal plan after the completion of the period for application for parcelling-out and obtaining the authorization of the head of Si/Gun before the removal of the existing building after the completion of the period for the approval for parcelling-out, and its management and disposal plan is difficult to specify as of the date of the public announcement of the approval for the project implementation.

3) However, according to Article 14(1)2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, a committee for the establishment of a redevelopment association may select a rearrangement project management contractor and seek advice, etc. (Article 14(2)2, and prepare an implementation plan for a rearrangement project (Article 3). Thus, it is difficult or difficult to specify to a certain extent matters concerning the cost sharing at the stage of establishing an association. It is difficult to see that the defects at the time of establishing an association are cured due to considerable differences in the quorum necessary for establishing an association (Article 4/5 of the owners of land, etc.) and the quorum for resolution of the management and disposal plan (Article 14(1)2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions and Dwelling Conditions for Residents without knowledge of the cost sharing, and in light of various circumstances such as the fact that members who lose their base of livelihood did not meet redevelopment costs, the value of an apartment building at the stage of establishing an association can be determined at least by the ratio of new construction or new construction cost to a certain size of the existing building, and new construction cost.

4) According to the above facts, the new construction site area (public record), total floor area, size, etc. of the building and expenses for removal and new construction of the building are indicated, and expenses are imposed and collected according to the association’s articles of association regarding the matters to be borne by the association. The value of the assets owned by the association members is calculated as prescribed by the association’s articles of association and the expenses and profits are equally apportioned and apportioned according to the principle of equity. However, the above site area, total floor area, and total size of the building to be participated in the project cannot be considered as an outline of the design stipulated in the Urban Improvement Act because owners of the land, etc. can not have any information about the building to be owned by them as a result of the project, and it cannot be seen that there were no basic information about new construction, new construction, and new construction and new construction costs, which are estimated by 0 per cent of the total floor area of the building at the time of the construction of the new construction site, and it cannot be considered that there was an excessive basis for the association’s removal and increase of construction costs.

5) Therefore, this part of the Defendant Union’s assertion is without merit.

(c) Whether the Minister of Land, Transport and Maritime Affairs gives public notice and the written consent form;

1) As seen earlier, Article 15(2) of the Urban Improvement Act requires the Minister of Land, Transport and Maritime Affairs (the Minister of Construction and Transportation at the time) to set the operating rules of the promotion committee and publicly announce them in the Official Gazette. Accordingly, the Minister of Land, Transport and Maritime Affairs set the operating rules of the promotion committee of the establishment of the promotion committee of the promotion committee (which was amended by the Ministry of Land, Transport and Maritime Affairs No. 330, Aug. 25, 2006; hereinafter referred to as the "operating regulations"). Article 3(2) of the above operating rules provides that "the aforementioned operating rules shall be made based on the amended operating rules, amended, supplemented, or added under paragraph (2) of the same Article, and Paragraph (3) of the same Article does not entirely violate the law, relevant statutes, the above operating rules, and relevant administrative agencies. In addition, it is written that the consent of the promotion committee of the establishment of the redevelopment association is not obtained from the owner of land, etc. in the form of the attached Form 34 of the consent.

In addition, Article 12 (1) 6 of the former Busan Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (amended by Ordinance No. 4116 of Aug. 2, 2006, hereinafter referred to as the "Seoul Metropolitan City Ordinance") provides that the form of consent attached to the above Operation Rules shall be used when submitting an application for authorization to establish redevelopment associations.

2) The so-called notice can be effective as a statutory order when the contents of the regulation have a general and abstract nature as a form of administrative legislation that provides for certain matters to the general public as prescribed by the laws and regulations. The above operational regulations were issued in the form of a public notice of the Minister of Land, Infrastructure and Transport, but are delegated by the Act on the Maintenance and Improvement of Urban Areas, i.e., the organization of the Promotion Committee, the scope of duties, the method of operation of the Promotion Committee, and the rights and obligations of the members, etc. for the fair operation of the Promotion Committee meeting.

However, the effect of the operating rules as a legal order is limited to the scope of the above matters under the Act on the Improvement of Urban Areas and Dwelling Conditions, and it is difficult to view the consent form received from the landowners, etc. at the stage of the consent form for the establishment of the redevelopment association as the matters concerning the operation of the committee. Since the above attached operating rules or the attached Form 3-2 consent form is merely one example, the above operating rules have the validity as a legal order, and it cannot be deemed that the above operating rules have the validity as a legal order, and the attached operating rules or consent form merely attached to the attached documents has the same effect (Supreme Court Decision 2007Du1296 Decided July 24, 2008 does not recognize the same effect even in the case of the consent form for the establishment of the committee for the establishment of the redevelopment association, and even if the consent form was obtained from the owners of land, etc. after using the above form as a whole, it cannot be deemed that the consent form has not been valid as a legitimate reason.

3) Therefore, this part of the Defendant Union’s assertion is without merit.

D. Sub-committee

As a result, the consent of this case cannot be deemed to have rewrittened matters concerning the cost-sharing for the consent to the establishment of redevelopment cooperatives, so its validity cannot be recognized, and the establishment of a high partnership based on this cannot be deemed as null and void.

6. Conclusion

If so, the plaintiffs' primary claim of this case should be accepted with due reasons, and the judgment of the court of first instance is justified with this conclusion, and the appeal of the defendant union is dismissed as it is without reason, and it is so decided as per Disposition.

Han-bok (Presiding Judge)

Seodaemun-gu’s words

Dental police officer;

Site of separate sheet

List of Plaintiffs (14~19 pages) omitted

Site of separate sheet

Relevant statutes

former Urban Improvement Act (amended by Act No. 7960, May 24, 2006)

Article 2 (Definitions)

9. The term "owner of land, etc." means any of the following persons:

(a) In cases of a residential environment improvement project, housing redevelopment project, or urban environment rearrangement project, within a rearrangement zone;

The owner or superficies of the land or building located;

Article 11 (Selection of Work Executor)

(1) Housing redevelopment project partnership and urban environment rearrangement project partnership shall establish a housing reconstruction project after obtaining authorization to establish the association.

A partnership shall select a constructor or registered business operator as a contractor after obtaining authorization for project implementation. Article 13 (Establishment of Partnership and Organization of Promotion Committee)

(1) Where a person other than the Mayor, the head of a Gun or the Korea Housing Corporation, intends to implement a rearrangement project, land

An association composed of owners shall be established: Provided, That the land office shall be the land office under the provisions of Article 8 (3).

Where the guardians intend to independently implement an urban environment improvement project, this shall not apply.

(2) When intending to establish an association under paragraph (1), consent of a majority of the owners of lands, etc.

shall be limited to five or more members, including the chairperson, and the committee for the promotion of the establishment of an association (hereinafter referred to as "promotion committee").

C) Forming a corporation and obtaining approval from the head of the Si/Gun in accordance with the methods and procedures prescribed by the Ordinance of the Ministry

required by the corporation.

Article 14 (Functions of Promotion Committee)

(1) Every promotion committee shall perform the following duties:

2. A line of the specialized management businessman of rearrangement project under Article 69 (hereinafter referred to as the "specialized management businessman of rearrangement project");

AC

3. Preparation of a rough implementation plan for an improvement project;

Article 15 (Composition and Operation of Promotion Committee)

(2) The Minister of Construction and Transportation shall promote the promotion committee including the following matters for its fair operation:

The Committee shall determine its operating rules and publicly notify them in the Official Gazette.

1. Matters concerning the method of selecting members of the promotion committee and changing them;

2. Matters concerning the rights and duties of members of the promotion committee;

3. Matters concerning the scope of duties of the promotion committee;

4. Matters concerning the methods of operating the promotion committee;

5. Payment of operating expenses of owners of land, etc.;

6. Other matters prescribed by Presidential Decree as necessary for operating the promotion committee.

(3) A promotion committee shall be operated in accordance with operational regulations, and the owners of land, etc. shall reimburse operating expenses.

The operating rules shall be paid as prescribed by the regulations.

Article 16 (Authorization, etc. to Establish Cooperatives)

(1) Where the promotion committee for housing redevelopment projects and urban environment rearrangement projects intends to establish the association, discussions shall be held.

Articles of incorporation and documents as determined by the Ordinance of the Ministry of Construction and Transportation with the consent of not less than 4/5 of the land owners.

the head of Si/Gun shall obtain the approval of the head of Si/Gun. The same shall also apply to any modification to the approved matters.

(b) It is required that any minor matters as prescribed by the Presidential Decree be modified shall be subject to no consent of partners;

It may be reported to the head of this Si/Gun and changed.

(2) Where the promotion committee of a housing reconstruction project intends to establish an association, it shall own and hold an aggregate building.

Notwithstanding the provisions of Article 47 (1) and (2) of the Interest Act, each of the collective housing within the housing complex;

Co-ownership of each Dong (in the case of welfare facilities, the whole welfare facilities within the housing complex shall be deemed as one Dong).

Consent of at least 2/3 of both persons and voting rights, and the whole sectional owners and voting rights within a housing complex;

with the consent of at least four-fifths of each such market, together with articles of incorporation and documents prescribed by the Ordinance of the Ministry of Construction and Transportation

The permission of the head of Si/Gun shall be obtained, and the same shall also apply in the case of modifying the approved matters:

When intending to modify minor matters under the proviso to paragraph (1), without consent of partners.

It may be reported to the head of the Si/Gun and changed.

(5) Matters necessary for the application for the establishment of an association and the procedures for authorization under paragraphs (1) and (2) above shall be substituted by a substitute.

To be determined by Ordinance of the Ministry of Education.

Article 48 (Authorization, etc. for Management and Disposal Plans)

(1) A project implementer (excluding a residential environment improvement project) shall terminate the period for application for parcelling-out under Article 46.

(1) In the case of section 46, the provisions of section 46 shall apply before the existing structures are removed in accordance with this Act.

A management and disposal plan including the following matters shall be formulated based on the current status of application for parcelling-out:

The head of Si/Gun shall obtain approval from the Mayor/Gu, and the police officer who intends to alter, suspend, or abolish a management and disposal plan.

this paragraph shall also apply to Postal services: Provided, That when insignificant matters prescribed by the Presidential Decree are modified, the time of modification

The head of the Si/Gun shall report to the head of the Gu.

3. Estimated amounts of the sites or structures scheduled for parcelling-out by person subject to parcelling-out;

4. Details of the previous land or buildings by person subject to parcelling-out and the date of public announcement of authorization for project implementation;

equivalent to the price

5. Estimated amounts of the rearrangement project costs, and the sharing size and sharing period for the partnership members following thereto;

Enforcement Decree of the former Urban Improvement Act (amended by Presidential Decree No. 19507, Jun. 12, 2006)

Article 26 (Methods, etc. of Applying for Authorization to Establish Cooperatives)

(1) Consent of the owners of lands, etc. under Article 16 (1) through (3) of the Act shall be as follows:

The consent letter stated in the subsection shall be obtained by means of obtaining the consent.

1. Outline of the design of the building to be built;

2. Rough amount of expenses required for the removal and new construction of the building; and

3. Matters concerning the apportionment of expenses under subparagraph 2 (where a design outline under subparagraph 1 is changed, the criteria for sharing expenses;

(including section 2)

4. Matters on the reversion of ownership after completion of the project;

5. Articles of association.

Article 28 (Method of Calculating Number of Consent by Owners of Land, etc.)

(1) Consent of the owners of lands, etc. under Articles 13 through 16 of the Act, under Article 17 of the Act.

It shall be calculated in accordance with the following standards:

1. In cases of a housing redevelopment project or an urban environment rearrangement project, the following standards shall apply:

(a) In case where one parcel of land or one building belongs to two or more persons, their representatives;

to calculate one person as the owner of a plot of land, etc.

(b) If superficies is established on land, the representative of the landowner and the person holding superficies on the land;

to calculate one person as the owner of land, etc.

(c) Where one person owns a lot of land or a large number of buildings, the parcel or construction;

Owners of land, etc. shall be calculated as one person regardless of the number of water: Provided, That urban environment rearrangement projects shall be conducted.

In the case of land owners, etc. acquired for the rearrangement project after designating the rearrangement zone;

The previous owner of livestock products shall be calculated by including the number of owners of land, etc., in such cases.

Whether consent has been obtained shall be determined by owners of lands, etc.

Article 6 (Application, etc. for Approval of Establishment of Promotion Committee)

The person who intends to implement the rearrangement project (hereinafter referred to as the "maintenance project") under subparagraph 2 of Article 2 of the Act;

the establishment and succession of the association establishment promotion committee (hereinafter referred to as the "promotion committee") under Article 13 (2) of the Act.

Any person who intends to obtain a seal shall file an application for approval for the establishment promotion committee in attached Form 2 with the following subparagraphs:

The documents shall be accompanied by the documents to the head of the Si/Gun.

2. Consent forms of owners of land, etc.;

Article 7 (Application, etc. for Authorization to Establish Cooperatives)

(1) The promotion committee for rearrangement project shall establish the association under Article 16 (1) through (3) of the Act.

When intending to obtain a housing redevelopment project or urban environment rearrangement project association in attached Form 3 (Change)

After filing an application for authorization or an application for authorization for the establishment of a housing reconstruction and consolidation project association in attached Form 4:

The following documents shall be submitted to the head of the Si/Gun:

3. A written consent to establish an association and documents verifying consent;

10. Other documents prescribed by Municipal Ordinance of the Special Metropolitan City, Metropolitan Cities, or Dos.

Articles of association

Article 34 (Imposition and Collection of Rearrangement Project Costs)

(1) The association shall file a lawsuit for housing projects, such as construction expenses, with its members to appropriate expenses incurred in implementing the

The cost required (hereinafter referred to as "maintenance cost") may be imposed and collected.

(2) The rearrangement project costs under paragraph (1) may be imposed after a resolution of the general meeting, and the subsequent project implementation district.

Comprehensively considering the location, area, utilization status, environment, etc. of land, buildings, etc. in the station;

The amount shall be adjusted fairly in accordance with the management and disposal plan.

Operational Rules of the Establishment Promotion Committee of the Gu Maintenance and Improvement Project Association (amended by the Ministry of Land, Transport and Maritime Affairs No. 330 on August 25, 2006)

Article 3 (Preparation of Operating Rules)

(1) The promotion committee shall prepare operational rules before carrying out its duties under Article 14 (1) of the Act.

at least 2/3 of the owners of land, etc. who have consented to organizing a promotion committee;

If consent is obtained, it shall be reported to the head of the Si/Gun.

(2) Operational regulations referred to in paragraph (1) shall be formulated based on the draft attached operational regulations in the following methods:

(c)

1. It shall confirm Articles 1, 3, 4, and 15(1);

2.Articles 17(6), 19(2), 20 through 23, 29, and 31(5) through (7);

The provisions of paragraphs, Articles 33, 35 (2) and (3), and 3 of the attached Form 3 shall be the characteristics of the project and the area.

In consideration of the circumstances, correction and supplementation may be made to the extent not contrary to the law.

3. If necessary for the promotion of projects, the operation rules may add Article, paragraphs, subparagraphs, items, etc. to those provisions.

(3) Matters determined, revised, supplemented, or added pursuant to the subparagraphs of paragraph (2) shall be pursuant to the Act and relevant Acts and subordinate statutes, and this shall not apply.

The former Ordinance on the Improvement of Urban Areas and Residential Environments (amended by Ordinance No. 4116 of August 2, 2006) shall have no effect on any violation of operational regulations and any disposition of the relevant administrative agencies.

Article 12 (Method of Preparing Application Documents, etc. for Establishment of Association)

(1) The methods of preparing an application for authorization to establish an association and accompanying documents under Article 7 of the Enforcement Rule shall be as follows:

6. Details of association establishment of owners of land, etc. shall be publicly announced by the Ministry of Land, Transport and Maritime Affairs;

A written consent under the Regulations shall be in the form of the Rules, and the number of association members, the address, name and right of the consenters shall be in the register of association members.

Formulate and attach a comprehensive agreement sheet to verify the consent rate, stating the details and confirming the consent rate. The end.