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(영문) 광주지방법원 2013.06.27 2013구합734
조합설립인가무효 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Defendant C District Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Partnership”) is a housing redevelopment and rearrangement project association that has obtained authorization to establish a housing redevelopment and rearrangement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”) from the head of Seo-gu Seoul Metropolitan City (hereinafter “the head of the Defendant”) in order to implement the housing redevelopment and rearrangement project by designating the Seo-gu Seoul Metropolitan Government D District as a project implementation district, and the Plaintiffs are members of the Defendant Partnership as the owners of land, etc.

B. On January 15, 2006, the Gwangju Metropolitan City Mayor publicly announced a master plan for the improvement of the Seoul Metropolitan City and the residential environment in Gwangju Metropolitan City as a public announcement E-ro, 2010, designated the zone to be 31,511 square meters in Seo-gu, Gwangju Metropolitan City (hereinafter “instant improvement zone”) as a prospective housing redevelopment zone.

C. A promotion committee for the establishment of a housing redevelopment project association in the zone C (hereinafter “instant promotion committee”) was organized with the purpose of establishing an association for the implementation of a housing redevelopment project in the area designated as the zone scheduled for the instant rearrangement project. On July 10, 2006, the Defendant head of the Gu obtained the consent rate of 56% from 125 owners, including the land, etc. in the zone scheduled for the instant rearrangement project, by deeming that the consent rate of 70 out of 125 owners had been obtained.

After that, the Gwangju Metropolitan City Mayor, on November 28, 2007, designated the 31,589 square meters in Seo-gu, Gwangju Metropolitan City (hereinafter “instant improvement zone”) as a housing redevelopment improvement zone.

E. Around January 2006, the instant promotion committee drafted a written consent for the establishment of the Housing Redevelopment Project Association (hereinafter “instant consent”) from the owner of the land, etc. in the instant improvement zone to implement the housing redevelopment project for the instant improvement zone, and held an inaugural general meeting for the establishment of the Defendant Union on January 26, 2008.

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