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(영문) 대구지방법원 2017.01.17 2016구합812
주택재건축정비사업조합 설립인가 취소 등
Text

1. The plaintiff A, C, E, G, H, R, S,C, AD, AE, AH, AI, AJ, K, and AL shall be all dismissed.

2. Paragraph 1.

Reasons

1. Details of the disposition;

A. On May 10, 2007, the Daegu Metropolitan City Mayor designated and publicly announced the 28,038.16 square meters of the AO in Daegu-gu, Daegu-gu, as a housing reconstruction zone (hereinafter “instant rearrangement zone”).

B. On May 28, 2007, the Defendant approved the establishment of the AM Housing Reconstruction Improvement Project Promotion Committee (hereinafter “instant Promotion Committee”).

C. The instant promotion committee suspended the implementation of AM housing improvement project from around 2008 to April 2015 on the grounds of the suspension of support for the sports enterprises and maintenance enterprises, etc., but decided to further promote the project on May 15, 2015, and decided to hold an inaugural general meeting on July 18, 2015, and resolved on the agenda, such as a resolution for reconstruction, the appointment of the head of the association and executives, and the enactment of the articles of association.

The instant promotion committee applied for authorization to establish an association to the Defendant on July 20, 2015, along with requisitioned written consent for establishing an association from the owners of land, etc. in the instant improvement zone, and the Defendant, on February 1, 2016, deemed that there was 177 consent (83.10% of the owners of land, etc. in the instant improvement zone among 213 owners of land, etc. in the instant improvement zone (amended by Act No. 13508, Sept. 1, 2015; hereinafter “Urban Improvement Act”) pursuant to Article 16(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant association”).

(hereinafter “instant disposition”) e.

As owners of land, etc. within the rearrangement zone of this case, the plaintiffs are owners of land, etc. within the rearrangement zone of this case, C (3), E (5), G (7), H (8), 19, S (19), AC (29), AD (30), AE (31), AG (33), AH (34), AJ (35), AK (37), AL (38, hereinafter referred to as "16 plaintiffs, etc."), and the rest of the plaintiffs did not consent to the establishment of an association.

[Ground of recognition] without any dispute, Gap evidence No. 1, Eul 2.

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