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(영문) 서울행정법원 2018.04.06 2017구합79059

재건축사업조합설립추진위원회승인처분 실효확인의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Factual basis

A. On November 13, 2003, the Promotion Committee for the Establishment of the B-market Reconstruction Project organized for the purpose of establishing an association for the implementation of the reconstruction project for the B-market located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant Promotion Committee”) was subject to the instant approval disposition by the Defendant (hereinafter “instant approval disposition”).

B. After October 4, 2006, the promotion committee of this case was ordered to establish the B market consolidation project association by the defendant on October 4, 2006, and "B market consolidation project association (hereinafter "the B market consolidation project association").

(C) Each co-owner of the land and buildings located in the B market was filed against the Defendant seeking confirmation of the disposition of authorization to establish the association, the disposition of authorization to implement the project, and the disposition of authorization to alter the establishment on July 11, 2008, and the said judgment was finalized on December 2, 2010. D. The Plaintiff is a co-owner of the building in which the B market is located. [10 co-owners of the land and buildings located in the B market] filed a lawsuit against the Defendant seeking confirmation of the disposition of authorization to establish the association, the disposition of authorization to implement the project, and each disposition of authorization to establish the association, and the disposition of authorization to establish the association, and the aforementioned judgment became final and conclusive on December 2, 2010.

2. The defendant asserts that the lawsuit of this case seeking confirmation of invalidation of the approval disposition of this case is a claim for confirmation of past legal relations, and there is no benefit of confirmation.

According to Article 2 subparag. 9, Article 32(1), Article 33(2), and Article 41(1) of the Special Act on the Development of Traditional Markets and Shopping Districts, where a market improvement project corporation, the head of a Si/Gun/Gu, the Korea Land and Housing Corporation, or a local government-invested public corporation intends to implement a market improvement project, it shall not exceed the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, unless the ownership and superficies of land or buildings in the market improvement zone