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(영문) 수원지방법원 2018.12.06 2018구합67313
주택재건축정비사업조합 설립변경인가무효확인
Text

1. Of the instant lawsuit, the part of the Plaintiff C’s claim is dismissed.

2. The plaintiff A and B's claims are dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiffs are those who own the building of a commercial building in the D apartment house located on the ground of YY and 1 piece of land (hereinafter “instant apartment house”), and the Intervenor joining the Defendant is a reconstruction and consolidation project association established with the purpose of rebuilding the instant apartment house and constructing apartment buildings by 45 members.

(hereinafter referred to as “participatings’ association”). (b)

On June 7, 2006, F, the chairman of the committee for promotion of the participating association, the telegraph of the participating association, promoted reconstruction after obtaining authorization for the establishment of the housing association from Jungcheon-si, including both the housing owners and the housing owners of the instant case as its members. By dividing the housing site and the housing site, the housing site for commercial buildings shall be excluded from the object of the reconstruction improvement project, and the housing site for commercial buildings shall be promoted by making only the housing site as the reconstruction rearrangement project area, but the committee for promotion of the participating association shall pay the plaintiffs KRW 70,00,00 after obtaining authorization for the establishment of the association, with the condition that the participating association shall pay the plaintiffs KRW 70,00 after the designation of the rearrangement project after obtaining authorization for the establishment of the association, and the written consent for the establishment of the housing reconstruction business association.

(B) The Intervenor Association’s promotion committee’s agreement to pay the Plaintiffs KRW 770,000,000 (hereinafter “Agreement”) is the case’s agreement.

Afterward, the Intervenor Association Promotion Committee submitted a written consent to establish the Housing Reconstruction Association from its members, including the written consent to establish the Housing Reconstruction Association prepared by the plaintiffs to the defendant (hereinafter “written consent to establish each of the instant housing reconstruction Association”), and obtained the authorization from the defendant on June 8, 2006.

(A) No. 1-2, hereinafter referred to as “instant disposition”). D.

An intervenor partnership has obtained approval of a project implementation plan from the defendant on July 11, 2006, and on January 5, 2007.

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