beta
(영문) 서울고등법원 2018.09.14 2018누37382

대조1구역정비구역 변경고시 무효 확인

Text

1. The plaintiff's appeal is dismissed.

The plaintiff applied for resumption of argument after the closing of argument.

Reasons

1. Details of the disposition;

A. On June 25, 2004, the Defendant established and publicly announced a “H master plan” (hereinafter “master plan”) which contains the content that the Defendant separately designates the Eunpyeong-gu Seoul Metropolitan Government D (E area) 2.1ha (E area) and the F 9ha (G area) as a separate rearrangement zone, respectively, as a public notification C of Seoul Metropolitan Government.

B. On March 9, 2005, in order to promote a housing redevelopment project by making the area combining the E and the G zone a project zone, the person who was named as the promotion committee for the establishment of a housing redevelopment partnership, the representative of the promotion committee, the location of the area scheduled for the implementation of the project, and the size of the area as “Seoul F, D, one day-to-day” and “109,65,87 square meters” applied for approval for the establishment of the promotion committee for the establishment of the association to the head of Eunpyeong-gu Seoul Metropolitan Government. The head of Eunpyeong-gu Seoul Metropolitan Government Office approved the establishment of the promotion committee for the A Housing Redevelopment Partnership (hereinafter “instant promotion committee”) on April 27, 2005.

C. The instant promotion committee applied for designation of a rearrangement zone to the head of Eunpyeong-gu Seoul Metropolitan Government, and on March 10, 2006, filed an application for designation of a rearrangement zone A, and received an application for designation of a rearrangement zone after completing complementary documents according to the result of consultation by the department in charge of Eunpyeong-gu Seoul Metropolitan Government on April 17, 2008. On June 3, 2008, the promotion committee revised a land use plan and received an application for designation of a rearrangement zone.

The head of Eunpyeong-gu Seoul Metropolitan Government for the public inspection and announcement by the head of Eunpyeong-gu Seoul Metropolitan Government shall be the period of public inspection on July 10, 2008 from July 11, 2008 to July 24, 2008, and "the agenda for the designation of the improvement zone designated by the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as "the agenda for the designation of the improvement zone designated as a A-house redevelopment zone") in Seoul.

In order to hear the opinions of the residents, the public perusal and announcement was made.

E. On August 11, 2008, the promotion committee of this case, which revised and published the Defendant’s basic plan, is the E and G zone to the head of Eunpyeong-gu Seoul Metropolitan Government.