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(영문) 수원지방법원안양지원 2014.10.02 2013가합5812
배당이의
Text

1. Among the lawsuit of this case, the part concerning the provisional seizure of the defendants' project cost charges shall be dismissed, respectively.

2.2.

Reasons

1. Basic facts

A. Defendant B Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Association”) is a housing redevelopment and rearrangement project association with the purpose of housing redevelopment project relating to the size of 64,452.96 square meters in Mapo-gu Seoul Metropolitan Government FF 64,452.96 square meters (hereinafter “instant rearrangement zone”). Defendant Branch Construction Co., Ltd. (hereinafter “Defendant Company”) is a Si project for the said housing redevelopment project, and the Plaintiff and the designated parties agreed to the establishment of the Defendant Association as those who owned the land in the instant rearrangement zone and agreed to the establishment of the Defendant Association.

Persons who lose their membership as described in paragraph (1).

B. Defendant association establishment authorization disposition and lawsuit proceedings relating to the first and second establishment authorization disposition and the second establishment authorization disposition were conducted by the head of Mapo-gu Seoul Metropolitan Government on November 29, 2006 after obtaining consent to establish an association from the owners of land, etc. in the instant rearrangement zone. However, on December 27, 2012, the aforementioned authorization disposition became final and conclusive (Seoul Administrative Court Decision 2009Guhap46146, Seoul High Court Decision 2010Nu2761, Seoul High Court Decision 201Du19680, Supreme Court Decision 2011Du19680, Supreme Court Decision 2010, Supreme Court Decision 2010Du19680, May 8, 2010) on the ground that there was a defect in the written consent to establish an association, and it was revoked by the head of Mapo-gu Seoul Metropolitan Government on the ground that it did not meet the consent ratio, but it was also revoked by the head of Mapo-gu Office on May 14, 20101.

Seoul Administrative Court [2010Guhap3603 (Revocation of the first modified disposition), Seoul High Court No. 2011Nu14618 (Ruling of rejection, Supreme Court and Supreme Court).

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