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(영문) 서울행정법원 2015.07.03 2014구합2614
주택재개발정비사업조합설립추진위원회승인취소무효확인
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 19, 2006, the Mayor of Seoul Special Metropolitan City publicly announced C in Seoul Special Metropolitan City, Nowon-gu, as an urban renewal acceleration district, designated and publicly announced 643,608 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City as an urban renewal acceleration district. On September 11, 2008, the Mayor of Seoul Special Metropolitan City publicly announced E in Seoul Special Metropolitan City as a public announcement of the Seoul Special Metropolitan City publicly announced 189,687 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City as a BBB promotion district (hereinafter

B. On December 8, 2008, the Promotion Committee for the Establishment of Zone B Housing Redevelopment Project (hereinafter “instant Promotion Committee”) filed an application for approval for establishment of the Promotion Committee with the aim of establishing an association for the implementation of housing redevelopment improvement project by setting the instant promotion zone as the planned project implementation area. On December 30, 2008, the Defendant issued a disposition to approve the establishment of the Promotion Committee against the instant Promotion Committee on the ground that on December 30, 2008, the instant Promotion Committee obtained the consent of the majority of 992 owners of land, etc. (51.69% of the total number of owners of land, etc. in the instant promotion zone).

C. G, the owners of land, etc. within the instant promotion zone, filed an application for dissolution with the Defendant with the consent of 414 from among 779 owners of land, etc. who agreed to organize the instant promotion committee on December 19, 2013.

The defendant recognizes that 407 written consent of the remaining 407 persons are valid, except for seven written consents among the above 414 persons (three persons are not owners, three persons are not consents to the composition of the committee of promoters, and one person is due to the omission of signature). On January 16, 2014, the defendant revoked the approval for the establishment of the committee of this case pursuant to Article 16-2 (1) 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") and Article 15-2 (1) of the Seoul Metropolitan Government Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), which is a majority of 79 persons who consent to the composition of the committee of this case.

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