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(영문) 부산고등법원(창원) 2015.04.03 2014누130
조합설립인가취소등
Text

1.(a)

Of the judgment of the first instance court, it is about the approval of the establishment of the I district Housing Redevelopment Project Association for plaintiffs E.

Reasons

1. Details of the disposition;

A. On February 22, 2006, the Defendant rendered a disposition of organizing approval with respect to the I district Housing Redevelopment and Improvement Project Promotion Committee (hereinafter “existing Promotion Committee”) with the area scheduled for the implementation of the 92,059m2 in Mapo-si (which was changed to the administrative district as the present "Masan-si, Changwon-si").

B. Since then, under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the existing promotion committee has promoted the I district housing redevelopment project (hereinafter “instant project”) without being designated as an urban housing environment improvement plan, improvement plan, and improvement zone under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On January 25, 2008, the Mayor/Do governor designated and publicly announced the JJ 96,62 square meters as the improvement zone of the instant project.

C. Since then, the Plaintiff A and the owners of the land located in the project implementation zone of this case and its ground buildings, who have opposed to the establishment of the existing promotion committee, filed a lawsuit to nullify the establishment of the existing promotion committee by the Changwon District Court 2007Guhap2379.

The above court rendered a judgment in favor of the plaintiff on June 5, 2008 on the ground that the approval for establishment of the promotion committee was serious defect that was made before the designation of the improvement zone without establishing the basic plan for urban and residential environment improvement, and the above judgment became final and conclusive on December 9, 2008.

On December 30, 2008, the Defendant (the “Masan City Mayor” before the change of the administrative district) again issued an approval [the area of 96,622 square meters, 675 square meters, 61.85% of the owners of land, etc., 51.85% of the consent rate (350/675), 68 members of the Committee, and the date of application for the approval of establishment].

E. On May 17, 2010, the instant promotion committee filed an application with the Defendant for authorization to establish a housing redevelopment project, and the Defendant filed an application with the Defendant on August 31, 2010.

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