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(영문) 대전고등법원 2013.05.02 2012누2823
조합설립 변경인가취소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Reasons

1. Details of the disposition;

A. The Intervenor joining the Intervenor (hereinafter “ Intervenor”) is a housing redevelopment and rearrangement project association aimed at housing redevelopment project with the aim of housing redevelopment project as to the multi-party 61,761m square meters of land located in Daejeon-gu D (hereinafter “instant rearrangement zone”). The Plaintiffs filed a lawsuit against the Daejeon Metropolitan City Land Expropriation Committee, which is the ruling authority, seeking revocation of the above expropriation decision, and filed a lawsuit against the land expropriation committee of Daejeon-gu, Daejeon District Court 2010Guhap3574.

B. (1) On April 23, 2005, an intervenor union held an inaugural general meeting on the approval of the establishment of the association, approval of the project implementation plan and public notice thereof (1) resolved on the agenda of the promotion committee, such as the articles of association, a draft project plan, and a consent to the implementation of the project. E, the representative of the promotion committee, becomes the representative of the intervenor association, and filed an application for the authorization of the establishment of the C Housing Redevelopment Project Association with the Defendant in the name of the

(2) As a result of the examination of the above application, the defendant confirmed that the number of legitimate land owners, etc. in the rearrangement zone of this case was 307 and 248 of them agreed (as a result, 80.78% agreed), and approved the establishment of the CHousing Redevelopment Project Association on July 31, 2006 to the Intervenor Cooperative.

(3) On October 18, 2006, the Intervenor Union submitted to the Defendant a written project implementation plan accompanied by a written consent of more than a majority of landowners, such as land, pursuant to the articles of incorporation, and applied for the approval of the project implementation. The Defendant approved and publicly announced the project implementation plan on December 28, 2006.

C. (1) An intervenor union’s modification authorization (1) additional partners arise due to changes in ownership, etc., and additional written consent on the establishment of the association from the owner of land in the instant area was submitted, the intervenor union shall be the defendant on April 2, 2007.

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