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(영문) 서울행정법원 2014.07.03 2013구합18018

사업시행변경인가처분무효확인

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1. Disposition No. 6, 2019, Sept. 6, 2012, which was issued by the Defendant to the Defendant’s assistant intervenor on September 3, 2012.

Reasons

Details of the disposition

On April 6, 2006, the Mayor of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant improvement project zone”) designated and publicly announced the redevelopment project zone (hereinafter referred to as the “instant improvement project zone”) of the size of 64,452.96 square meters.

On November 29, 2006, the Defendant’s Intervenor obtained authorization from the Defendant to establish an association for the purpose of promoting housing redevelopment projects in the instant improvement project zone pursuant to Article 16(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 21, 2007).

The Plaintiff is the owner of land, etc. within the instant improvement project zone, and owns 36/327 shares of 327 square meters in Mapo-gu Seoul E-gi.

The Defendant’s Intervenor was authorized on September 3, 2007 by the Defendant to implement a housing redevelopment project implementation plan with the content that the period for implementing the rearrangement project would be 48 months from the date of authorization for the implementation of the project, as F of Mapo-gu Seoul

(hereinafter referred to as "the first project implementation plan"). Meanwhile, the first project implementation plan includes the details of land or buildings to be expropriated or used and the details of rights other than ownership. According to the plan, E land owned by the Plaintiff is included in the subject of expropriation.

On January 15, 2009, the Defendant’s Intervenor amended the construction plan as G publicly notified by Mapo-gu Seoul Metropolitan Government, and revised the implementation of the project with the content of amending the calculation method of the number below the decimal point in the construction outline.

(hereinafter referred to as "the second project implementation plan"). The implementation period of the rearrangement project shall be 48 months from the date of authorization for the implementation of the rearrangement project and shall not be changed.

After January 28, 2010, the Defendant Intervenor partially changed the size of the rearrangement project zone H by the notification of Mapo-gu Seoul Metropolitan Government from the Defendant, changed the address of the Defendant Intervenor, and partly corrected the errors in the construction plan supplement and land use plan, and partly changed the building-to-land ratio, volume ratio, and volume ratio.