1. The Defendant’s disposition rejecting the establishment of an association granted on January 12, 2016 to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. On December 18, 2015, the Plaintiff filed an application with the Defendant for authorization to establish a street housing rearrangement project (hereinafter “instant project”).

On January 2, 2016, the Defendant rejected the Plaintiff’s application for authorization on the ground that: (a) the Plaintiff did not submit a written consent as to the land B site and C site 1,196.7 square meters (hereinafter “instant land”) which is co-owned land located within the relevant zone on January 2, 2016; and (b) the Plaintiff did not meet the requirements for consent on the ground that the Plaintiff’s application for authorization was rejected on the ground that only 1,201.9 square meters out of 3,133.9 square meters, the total area of the land subject to authorization for establishment, and that the Plaintiff did not meet the requirements for consent

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings.

2. Article 16(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on the Law of the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on the lawfulness of the instant disposition provides that the committee for promotion of street-unit housing rearrangement

Since a co-owner fails to dispose of the co-owned property without the consent of the other co-owners (Article 264 of the Civil Act), he/she can be deemed to have obtained the consent of all co-owners.

However, in the sectionally owned co-ownership relationship, each co-owner's consent to freely dispose of the specific parts of each co-owner, and each co-owner can dispose of the specific parts of each co-owner's own, and freely transfer his/her share registration.

In light of the characteristics of the divided ownership sharing relationship, if the land is owned in the form of divided ownership ownership, it shall not be deemed that the consent to the land has been obtained only when the consent of all divided owners has been obtained.