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(영문) 서울행정법원 2016.04.01 2015구합69560
사업시행인가무효확인 청구의 소
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 July 30, 2008, the Defendant was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) for Seongbuk-gu Seoul Metropolitan Government L (hereinafter “instant project zone”) and obtained authorization to establish the association from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “the head of Seongbuk-gu”).

The Plaintiffs are owners of the land within the instant project zone.

B. On March 31, 2009, the Defendant passed a project implementation plan (hereinafter “instant project implementation plan”) from the general meeting of shareholders held on March 31, 2009 (hereinafter “the first general meeting of shareholders”) to the project implementation plan (hereinafter “instant project implementation plan”), and obtained approval from the head of Seongbuk-gu Seoul Metropolitan Government on July 22, 2009.

C. The Defendant received the application for parcelling-out from its members from February 24, 2012 to May 31, 2012 (hereinafter referred to as “first application for parcelling-out”); and the application for parcelling-out again from November 12, 2012 to January 10, 2013.

(hereinafter referred to as "the second application for parcelling-out") d.

The defendant has passed a resolution on the project implementation change plan (hereinafter referred to as the "project implementation change plan of this case") from the ordinary general meeting held on September 12, 2013 (hereinafter referred to as the "second general meeting of this case") to the items referred to in subparagraph 6, and has obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on December 26, 2013.

E. The Defendant received the application for parcelling-out from the members from January 10, 2014 to February 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. To make entries in the attached statutes concerned;

3. Effect of the project execution plan of this case

(a) Article 5 (Methods of Implementation) (5) Before applying for an authorization for project implementation, a cooperative shall file an application for authorization for project implementation with the consent of a majority of members of the rearrangement zone in advance;

However, the relevant laws or regulations.

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