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(영문) 부산지방법원 2015.05.22 2014구합23018
조합설립인가거부처분취소
Text

1. On October 29, 2014, the Defendant’s disposition of rejection of an application for authorization to establish an association against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On January 11, 2001, the head of Busan Metropolitan City announced the basic plan for redevelopment of Busan Metropolitan City pursuant to the former Urban Redevelopment Act (amended by Act No. 6852 of Dec. 30, 2002), and designated the area of 166,00 square meters in Busan Metropolitan City as the basic plan for redevelopment of housing. As the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents was enacted and implemented, the above basic plan for redevelopment was deemed as the basic plan under Article 4(2) of the Addenda of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. 2) The plaintiff was organized for the purpose of establishing an association for the implementation of housing redevelopment of the basic plan for housing redevelopment of the above basic plan for housing redevelopment. The defendant approved the establishment of the plaintiff on December 30, 2003.

3) On September 12, 2007, the Mayor of Busan Metropolitan City (hereinafter referred to as the “instant rearrangement project zone”) around 160,730 square meters in the said rearrangement project zone.

(4) On September 9, 201, the Plaintiff filed an application with the Defendant for authorization to establish a housing redevelopment and rearrangement project association in the instant rearrangement project zone, along with a written consent for establishment submitted by the owners of land, etc. in the instant rearrangement project zone. On December 22, 2011, the Defendant approved 804 of the owners of land, etc. in the instant rearrangement project zone (76.28%) and approved the establishment of a housing redevelopment and rearrangement project association (hereinafter referred to as “previous association”) by deeming that the Plaintiff satisfied the requirements for “three-fourths or more consent of the owners of land, etc.” as prescribed by Article 16(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter referred to as “former Act”).

B. On January 6, 2012, part of the owners of land, etc. within the instant rearrangement project zone, for which revocation of authorization to establish the former association, is revoked, is authorized to establish an association against the Defendant on the ground that the former association did not meet the requirements for authorization to establish an association, such as consent of at least 3/4 of

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