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(영문) 창원지방법원 2017.08.29 2016구합51557
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 January 11, 2008, A Housing Redevelopment Project Association (tentative name, hereinafter “instant partnership”) filed an application with the Defendant for authorization to establish an association with the consent of 358 persons from among 474 owners of land, etc. located within the area of Changwon-si A Housing Redevelopment Project (hereinafter “instant project”).

B. On March 4, 2008, the Defendant issued a disposition to authorize the establishment of the above partnership.

(hereinafter “Disposition in this case”) / [Grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Article 16 (Authorization, etc. for Establishment of Association) (1) When the committee for promotion of housing redevelopment projects and urban environment rearrangement projects intends to establish an association, it shall obtain authorization from the head of a Si/Gun with the consent of not less than 3/4 of landowners, etc. attached with the articles of association and the documents determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

The same shall apply to any revision to the authorized matters.

(c) When it is intended to modify minor matters prescribed by Presidential Decree, it may be reported to the number of Si/Gun without the consent of its members.

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a person residing in the instant project zone, and the instant disposition is null and void since it did not meet the consent requirements of at least 3/4 of the owners of land, etc. under Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter “former Act”).

B. In light of the above facts, the instant disposition is deemed to have been conducted by meeting the consent of at least 3/4 of the owners of land, etc., which is the requirement for establishing an association under Article 16 of the former Act, and contrary to the allegations of the Plaintiffs.

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