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(영문) 서울고등법원 2017.04.07 2015누51646
주택재개발정비사업조합설립추진위원회승인취소무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this part of the disposition are as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

B. The Plaintiff’s assertion and determination that the number of consenters to the dissolution of the promotion committee of this case (hereinafter “persons consenting to dissolution”) on the following grounds does not reach a majority of the number of consenters to the composition of the promotion committee of this case (hereinafter “persons consenting to dissolution”), and thus, the requirements for cancellation of the promotion committee’s approval were not satisfied. Thus, the instant disposition should be invalidated or revoked illegally.

The following arguments and legitimacy of the Plaintiff’s assertion are examined together.

1) In the case of the Ministry of Construction, the Korea Forest Service, the Seoul Special Metropolitan City, and Nowon-gu, Seoul Special Metropolitan City (1) The Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas concerning the number of persons consenting to the organization of the committee for promotion of the plaintiff's assertion is revised on July 15, 2013, which was before December 19, 2013, to be included in the number of persons consenting to the organization, and thus, the government-owned and public land management authority shall also be included in the number of persons consenting to the organization, which is the management authority, the Ministry of Construction, the Korea Forest Service, the Seoul Special Metropolitan City

(2) (A) According to Article 16-2(1)1 of the Urban Improvement Act, and Article 15-2(1) of the Seoul Metropolitan Government Ordinance on Urban and Residential Environment Improvement, when applying for dissolution of the Promotion Committee with the consent of more than a majority of the owners of land, etc., the competent administrative agency shall revoke approval of the Promotion Committee.

(B) On December 8, 2008, the Promotion Committee of this case filed an application for approval for establishment with the Defendant on December 30, 2008, and received the approval for establishment on December 30, 2008. The former Act on February 6, 2009, which was in force at the time.

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