사업시행인가처분무효확인의소
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the judgment of nullification as below shall be revoked.
The defendant on April 2016.
1. Basic facts
A. 1) The Minister of National Defense, the head of a central administrative agency under the Plaintiff’s control, for the safe flight and takeoff and landing of military aircraft, is the Protection of Military Bases and Installations Act (hereinafter “Military Bases Act”).
(D) In designating the surrounding area of the tactical air operations base as a flight safety zone pursuant to Articles 4 and 6, the Plaintiff is the head of a local government affiliated with Daegu Metropolitan City, and is the person entitled to authorize the implementation of redevelopment and reconstruction projects.
3) The Intervenor A’s Intervenor A’s housing redevelopment and consolidation project partnership (hereinafter “the Intervenor A”)
2) The Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s financial promotion zone B and Housing Redevelopment and Improvement Project Association (hereinafter “Secondary Intervenor”)
(2) The first intervenor applied for authorization for project implementation to the Defendant pursuant to Article 28(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) in order to implement a housing redevelopment improvement project on September 21, 2015, in a size of 79,900 square meters G day-won.
2) On October 12, 2015, on the ground that the said rearrangement project implementation zone constitutes a flight safety zone stipulated in subparagraphs 8 and 10 of Article 2 of the Military Bases Act, the Defendant requested consultations on the administrative disposition of the Defendant against the head of the E-Flight under the jurisdiction of the pertinent project zone pursuant to Article 13 of the Military Bases Act. (iii) On November 10, 2015, the head of the E-Flight informed the Defendant on the condition that he/she consented to the approval of the implementation of the housing redevelopment project and the building permission deemed granted thereunder, as follows:
(A) No. 3-1) The Deliberation Committee on the Protection of Military Bases and Installations in Military Service for the consultation on the construction of a building (multi-family housing) located in Daegu Dong-gu.
(c).