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(영문) 인천지방법원 2015.05.07 2014구합1691
조합설립인가취소처분취소
Text

1. On March 31, 2014, the Defendant is a housing redevelopment and consolidation project association that was conducted by the redevelopment and consolidation project association.

Reasons

1. Details of the disposition;

A. A. B redevelopment and rearrangement project partnership (hereinafter “instant partnership”) is a project implementer promoting a housing redevelopment and rearrangement project in the Nam-gu Incheon Metropolitan City, Nam-gu, and the Plaintiff is the head of the instant partnership.

B. On February 4, 2014, some owners of the instant land, etc. filed an application with the Defendant for dissolution of the instant association (hereinafter “application for dissolution”), and the Defendant revoked authorization for the establishment of the instant association on the ground that 57 owners of the instant land, etc. consent to dissolution of the association, among 108 owners of the instant land, pursuant to Article 16-2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on March 31, 2014.

(hereinafter “Disposition in this case”). [Grounds for recognition] A] without dispute, entry in Gap’s 1 through 7 (including branch numbers), Eul’s 2 and 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The consent rate necessary to revoke authorization to establish an association ought to be calculated on the basis of the written consent for dissolution submitted by the time of filing an application for dissolution. Four of the written consent for dissolution of the instant case should be excluded from the calculation of the consent rate. (2) Three of the written consent for dissolution written prior to February 1, 2012, which was amended by the Urban Improvement Act among the written consent for dissolution of the instant case, violates the method of written consent under the provisions of the Act prior to the amendment, and thus, should be excluded from the calculation of

(b) The attached Form of relevant statutes is as follows.

C. According to Article 16-2(1)2, the former part of Article 17(1), and Article 28(4) of the Enforcement Decree of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Determining the quorum of the consent to dissolution for cancellation of authorization to establish one association, a majority of the owners of lands, etc. is required to consent to the application for dissolution for cancellation of authorization to establish an association. The consent is written with a signature and a written consent attached thereto.

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