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(영문) 서울고등법원 2016.08.19 2016나2002855
양수금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. As to Defendant P added by the Plaintiff at the trial.

Reasons

1. Basic facts

A. 1) AJ, etc. on or around July 2006, constitutes a promotion committee for the establishment of a housing reconstruction association. AJ, etc. on or around July 2006, totaling 58,000 square meters of land size AK and its surrounding land size (hereinafter “instant project area”).

(2) A housing reconstruction project (hereinafter referred to as “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

In order to establish an association to be implemented, 212 owners, including the Defendants, from among 412 owners of the land, etc. in the instant project zone (at the consent rate of 51.45%) the Promotion Committee for the Establishment of the AI Housing Reconstruction Association (hereinafter “instant Promotion Committee”).

(A) The head of Gangnam-gu Seoul Metropolitan Government approved the composition of the committee of promotion of this case on July 19, 2006.

(갑 제5, 13호증). ◆ 구 「도시 및 주거환경정비법」(2009. 2. 6. 법률 제9444호로 개정되기 전의 것) 제13조(조합의 설립 및 추진위원회의 구성) ① 시장ㆍ군수 또는 주택공사 등이 아닌 자가 정비사업을 시행하고자 하는 경우에는 토지 등 소유자로 구성된 조합을 설립하여야 한다.

(2) Where it is intended to establish an association pursuant to the provisions of paragraph (1), the association establishment promotion committee (hereinafter referred to as the "promotion committee") shall be organized with not less than five members including the chairperson with the consent of a majority of the owners of land, etc. and the approval of the head of a Si/Gun shall be obtained in accordance with

B. 1) Selection of a specialized management businessman of the promotion committee for the establishment of the Housing Reconstruction Association; 270 owners of the land, etc., which the promotion committee of this case consented to the composition of the promotion committee of this case on March 26, 2007 (including the person who additionally consented thereto after the promotion committee of this case was organized) with the consent of 201 (74.44% of the consent rate); and

A) The specialized management business entity of the instant project was selected (A, No. 22 through 27, .).

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