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(영문) 대구지방법원 2021.01.28 2020구합22468
조합설립인가취소처분 취소
Text

On February 7, 2020, the Defendant revoked the revocation of the authorization for the establishment of a regional housing association against the Plaintiff.

The costs of lawsuit.

Reasons

1. Details of the disposition;

A. On July 28, 2016, the Plaintiff obtained authorization for the establishment from the Defendant in order to prepare multi-unit houses with two underground floors, 29 floors above ground, and 9 Dong 686 units in the area of 25,818.5 square meters in Kimcheon-si, Kimcheon-si, Kimcheon-si, with the number of union members as 345 square meters.

B. On November 19, 2018, the Defendant announced the Plaintiff that “the housing association shall apply for approval of a project plan under Article 15 of the Housing Act within two years from the date of authorization for the establishment pursuant to Article 23 of the Enforcement Decree of the Housing Act. The Plaintiff would apply for approval of a project plan within two years from July 28, 2016, which was the date of authorization for the establishment, but did not apply for approval of a project plan. In addition, when a regional housing association implements a regional housing association project, it would promote the project in compliance with the housing statutes and relevant statutes.”

(c)

On January 28, 2019, the Defendant notified the Plaintiff of an administrative disposition with the purport that “The Plaintiff applied for approval of a project plan within two years from the date on which the establishment of the housing association was authorized, but the Plaintiff failed to apply for approval of a project plan until now, and as such, it is expected to cancel the authorization of a regional housing association pursuant to Article 14 of the Housing Act.”

Data submitted (where there is any change, the whole scope before and after the change)

1. Amendment to the regulations of the housing association;

2. Borrowing of funds and methods thereof, interest rates thereon, and current status of methods of repayment;

3. Status of conclusion of contracts to be borne by partners, other than matters prescribed by the budget.

4. Current status of selection and change of a contractor, conclusion of a contract for construction, etc.;

5. Current status of appointment, dismissal, and replacement of executive officers of a cooperative, current status of composition of executive officers of the cooperative, and other relevant matters;

6. Current status of additional recruitment and change of members;

7. Current status of sharing of project costs by each member;

8. Current status of the appointment of consultants and proxy agencies;

9.The holding of general meetings, representative meetings, and relevant data of the board of directors (the details of the determination, public notice, and notice;

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