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(영문) 서울행정법원 2016.05.27 2015구합68673
조합설립인가처분무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On May 12, 2005, the D Housing Redevelopment Improvement Project Promotion Committee (hereinafter “instant Promotion Committee”) held an inaugural general meeting of the Association on July 10, 2008 after obtaining approval for establishment from the Defendant on May 12, 2005, and obtaining approval for modification on April 29, 2008, and filed an application for approval for establishment of a single-lane association with the Defendant on April 15, 2009, and filed an application for approval for establishment of an association again with the Defendant on the same day.

B. On April 21, 2009, the Defendant approved the establishment of the Intervenor joining the Defendant (hereinafter “instant partnership”) on the ground that 467 persons, among the owners of lands, etc., 615 (61 landowners, 61 building owners, 488 housing and land owners, 5 State-owned land) met the consent rate prescribed in the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010; hereinafter “former Act”).

(hereinafter “instant disposition”). C.

The Plaintiffs are land owners within the rearrangement zone of the instant association.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Whether the instant disposition is lawful

A. The instant disposition of the Plaintiffs’ assertion is null and void as it is serious and clear as follows.

1) The former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas (amended by Presidential Decree No. 21679, Aug. 11, 2009; hereinafter “former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas”) shall apply to the written consent for the establishment of the pertinent association drafted by the committee for promotion of this case

The part of “a summary of the design of a building to be constructed” and “a outline of the cost necessary for the removal and new construction of a building” as prescribed by Article 26(2)1 and 2 was public disturbance.

The promotion committee of this case will make it difficult to obtain individual consent from the owners of the land, etc. who prepared a written consent to establish an association with respect to the supplement of the above disturbance.

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