사업시행계획무효확인등
1. The plaintiffs' primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On December 27, 2007, the Mayor of Jongno-gu Seoul Metropolitan Government (hereinafter “instant improvement zone”) designated and publicly announced as a rooftop housing redevelopment and rearrangement zone under Article 207-477 of the Seoul Metropolitan Government Public Notice No. 2007-477 of Jongno-gu Seoul Metropolitan Government, Jongno-gu (hereinafter “instant improvement zone”).
(hereinafter referred to as “designation of this case’s rearrangement zone”). (b)
The defendant union was established for the purpose of implementing the housing redevelopment improvement project in the rearrangement zone of this case and approved by the head of the defendant's office on June 11, 2008. The plaintiffs are the land owners in the rearrangement zone of this case and are the members of the defendant union.
C. On January 23, 2009, pursuant to Article 4(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 944 of Feb. 6, 2009; hereinafter “former Act”), the Defendant modified the designation of the rearrangement zone under Article 2009-2 of Jongno-gu Seoul Metropolitan Government Notice No. 2009-2 (hereinafter “instant designation of the rearrangement zone”), and publicly notified the designation.
In lieu of holding a general meeting, from February 10, 2009 to March 10, 2009, the Defendant Union submitted a written consent from 146 members of the entire 193 members to consent to the project implementation plan (hereinafter “instant project implementation plan”) pursuant to the designation of the rearrangement zone (hereinafter “instant project implementation plan”). On September 2, 2009, the Defendant Union applied for the approval of the instant project implementation plan to the head of the Gu on September 2, 2009, and the head of the Si/Gun/Gu approved the instant project implementation plan (hereinafter “instant project implementation plan”), and announced it on November 20, 2009.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 3, 8, 18, 21, Eul's statements and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiffs' assertion (1) illegality due to defects in the designation of the rearrangement zone in this case (a) deliberation of Article 4(3) of the former Act on the Maintenance and Improvement of Urban Areas.