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(영문) 대구고등법원 2016.09.09 2015누5314
사업시행계획인가취소
Text

1. Of the judgment of the court of first instance, part of the judgment against the plaintiff Lee Dong-dong Co., Ltd. and the plaintiff A, Eurgin, and B.

Reasons

1. Details of the disposition;

A. Residents of the C apartment in Daegu Suwon-gu E (hereinafter referred to as the “instant apartment”) constituted a C apartment house reconstruction project promotion committee (hereinafter “instant promotion committee”) in order to remove the apartment and implement the housing reconstruction project (hereinafter “instant project”) under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “Urban Improvement Act”). On February 27, 2007, the instant promotion committee obtained approval from the head of Suwon-gu head of the committee of promotion.

B. On December 10, 2012, the instant promotion committee: (a) prepared a written consent for the establishment of the association from the owner of the instant apartment, including the land, etc.; (b) held an inaugural general meeting on December 2, 2012; and (c) passed a resolution for the establishment of the Defendant association; and (d) applied for the establishment of the Defendant association to the head of Suwon-si on December 10, 2012.

On December 31, 2012, the head of Suwon District Office (hereinafter referred to as the “instant disposition of approving the establishment of a housing reconstruction project association”) under Article 16 of the Urban Improvement Act for the instant promotion committee on December 31, 2012

1. Recognizing that the details of establishment establishment and maintenance project are likely to be changed to the project implementation authorization as a plan, and consent thereto is given, and the detailed plan is determined through the procedures for consent at the time of applying for project implementation authorization pursuant to Article 28(5) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

The total floor area of 1,795.50㎡ 15,015.6131 square meters above the total floor area of a building site for the design of a new building, 22 to 22 to 22 underground floors, 40 households of urban living housing, 223 rooms of officetels, and residential facilities.

(b) 15,897,780,780,000 won in total of the cost of new construction of new construction of the estimated cost of removal and new construction of buildings and other project costs, 24,309,448,000 won in total.

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