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(영문) 서울고등법원 2017.03.31 2016누68832
조합설립인가처분무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the costs of supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The grounds for this part of the disposition by the court are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion 1) If the consent ratio is merely 74.46% (5-8=487/owner of land, etc. 654) if the consent ratio is excluded from eight important and clear written consent to establish the association, among the written consent to establish the association drafted by the promotion committee of this case. (A) Seoul Seongbuk-gu Qgu 101 is jointly owned by R and S, and a certificate of personal seal is not attached to the consent to appoint a representative under the name of S.

B) The number of land owned is not indicated in the written consent to establish the association of T, U, V, W, X, and Y on the land owner’s land ownership, and thus, it cannot be determined whether the Z is the owner of the land, etc. in the instant rearrangement zone.

2) From among the owners of lands, etc. excluded for the reason of unknown whereabouts, 12 persons, among the owners of lands, etc., were 12 persons who were excluded from the Dong office, did not make adequate efforts to confirm their whereabouts, such as whether the Intervenor association and the Defendant were residing in the Dong office and issuance of a non-resident report, and thus, should be included in the number of owners of lands, etc.... As such, in the case of owners F (in the land ledger, the "AB" is indicated in the land ledger) of 13 square meters of the Seongbuk-gu Seoul Metropolitan Government AA road, the mail sent to the public domicile was returned for the reason of "the addressee

In addition, although F's domicile is indicated in the public book such as the copy of the register as "Seoul Seongdong-gu AC", the list of owners of lands, etc. (BB No. 31) of the intervenor union stated F's domicile as "Seoul Dongdaemun-gu AD", but its grounds are unclear.

B. The owner AF of Seongbuk-gu Seoul AE road with a size of 69 square meters.

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