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(영문) 서울행정법원 2015.06.18 2014구합69235
추진위설립승인취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. In order to implement a housing redevelopment project within Seongbuk-gu Seoul Metropolitan Government B (hereinafter “instant project zone”), the Plaintiff is an association establishment promotion committee organized by the Defendant on November 1, 2005 with the consent of 80 owners of land, etc. (53.33% of the consent rate) from 150 owners of land, etc. (53.33% of the consent rate).

B. C filed an application for dissolution with the Defendant on April 17, 2014, accompanied by the written consent for dissolution of 48 persons, but the Defendant rejected the said application for dissolution on the ground that the number of members of the plot of land, etc. (hereinafter referred to as “contributers”) who agreed to organize the promotion committee on June 19, 2014 was 103 all (the grounds for calculation was that the number of members of the promotion committee increased to 90 persons due to changes in ownership at the time of approval for the composition of the promotion committee, and that 13 written consent of the 20 additionally submitted is valid among the written consent for the composition of the promotion committee), and that the number of members of the promotion

C. On June 25, 2014, C applied for dissolution of the Plaintiff to the Defendant again by attaching 62 written consent for dissolution to the Defendant.

(2) On July 25, 2014, the Defendant: (a) acknowledged that only 58 others were valid, except for the reasons that the Plaintiff is not the person consenting to dissolution (in particular, regarding F and G, it shall not be deemed the person consenting to dissolution, but shall be excluded from the person consenting to dissolution) among the written consent to dissolution (Article 16-2 of the Act on the Improvement of Urban and Residential Environments (hereinafter “Urban Improvement Act”), and notified the Plaintiff that the approval of the committee was revoked as of July 31, 2014 pursuant to Article 16-2 of the Act on the Improvement of Urban and Residential Environments (hereinafter “Urban Improvement Act”), which is a majority of the constituent consent (Article 56.31% of the consent to dissolution).

(hereinafter referred to as “instant disposition”). 【No dispute exists, Gap evidence 1, 2, Gap evidence 4, 5, and Eul evidence 1 and 2.

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