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(영문) 대구지방법원 2018.01.17 2017구합23218
조합설립인가처분무효확인 등
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. The Defendant joining the Defendant (hereinafter “instant rearrangement zone”) is the 1stm21,808m2, Nam-gu, Daegu (hereinafter “instant rearrangement zone”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall apply to implement housing reconstruction projects.

A) Housing reconstruction association established pursuant to the Housing Reconstruction Association (hereinafter “Defendant joining the Defendant” or “instant association”).

2) The Plaintiffs are those who own land or buildings within the rearrangement zone in this case, and are those who oppose the establishment of an association.

B. Establishment of the association and disposition of authorization 1) Promotion Committee of the instant association (hereinafter “Promotion Committee of this case”).

On June 26, 2015, the Corporation shall hold an inaugural general meeting of the Association to resolve on the implementation plan for reconstruction improvement projects, and shall obtain the consent of the landowners or building owners in the instant rearrangement zone (whether a quorum is met or not) and shall be specifically determined below.

(2) On September 24, 2015, the Defendant filed an application for authorization to establish an association with the Defendant (hereinafter “instant disposition”).

C. On the other hand, on February 25, 2016, the Defendant joining the Defendant filed a lawsuit claiming sale of land or buildings with the Daegu District Court Decision 2016Gahap201061 against the owners of certain land or buildings, including Plaintiff A, B, D, and F, who did not agree to establish an association, and was sentenced to a favorable judgment on August 17, 2017.

Plaintiff

A, B, D, and F are dissatisfied with the above judgment and appealed to the Daegu High Court 2017Na24619 and currently pending the appellate court.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 4 through 6, Eul's 1 through 18 (including each number; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion that the quorum for the consent of the establishment of one association is in the rearrangement zone of this case.

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