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(영문) 서울행정법원 2014.06.17 2013구합58832

재개발구역지정 결정 무효확인의 소 등

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1. Of the instant lawsuit, the plaintiffs' claims against the head of Mapo-gu Office shall be dismissed.

2. The plaintiffs' defendant.

Reasons

1. Basic facts

A. The Plaintiffs are part of co-owners of 14 square meters of land, such as Mapo-gu Seoul, Seoul, and 14 square meters of land (hereinafter “instant land”).

B. On September 21, 1979, the Minister of Construction and Transportation designated, as a redevelopment area, a PP notice of the Ministry of Construction and Transportation pursuant to Article 4 of the former Urban Redevelopment Act and Article 12 of the former Urban Planning Act, the total area of Q Q3,00 square meters around Q, including the instant land, as a redevelopment area. On May 19, 1980, the Minister determined as a RR public notice of the Ministry of Construction and Transportation pursuant to Articles 4 and 5 of the former Urban Redevelopment Act and Article 12 of the former Urban Planning Act to revise the redevelopment area and a redevelopment project plan for the said area as a park facility (S Park), which is an urban planning facility (S Park) of the neighboring redevelopment area, and Q Q 1 was planned to be divided into 51 lots.

C. After that, as the redevelopment area around Q was divided into five areas on December 8, 1981, the first district was changed into W, the remaining areas were changed into Q2 or five areas, and the instant land continued to be maintained as park facilities in W.

W. Around November 2007, the Rome Investment Co., Ltd. (the former trade name before the alteration was referred to as the "Roma Construction Industry Co., Ltd."; hereinafter referred to as the "Romaman Investment"), the project implementer of the Urban Environment Improvement Zone Zone 28.29 (hereinafter referred to as the "Projects 1") filed an application with the head of Mapo-gu, Seoul Special Metropolitan City for the alteration of the improvement zone of the Urban Environment Improvement Zone 28.29, which included T, U, and V land among the instant land in the rearrangement infrastructure (park) of the Urban Environment Improvement Zone 28.29 (hereinafter referred to as the "Projects 1"). The head of Mapo-gu, Seoul Special Metropolitan City filed an application for the alteration of the improvement zone, and on August 14, 2008, the head of the defendant Mapo-gu announced the alteration of the urban environment improvement zone by including T, U, and V land in the rearrangement infrastructure (park) of the instant land in the Seoul Special Metropolitan City.

(e) thereafter;