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(영문) 광주지방법원 2018.02.08 2017구합11374

사업시행계획취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) for the Dong-gu, Gwangju Metropolitan City (hereinafter “Dong-gu”) for the purpose of implementing the housing redevelopment and rearrangement project for the Dong-gu, Gwangju Metropolitan City (hereinafter “instant rearrangement zone”). The Plaintiff owned the land of Dong-gu, Gwangju Metropolitan City E-gi, 281 square meters (hereinafter “instant land”) and the land-based concrete and cement brick structure building (hereinafter “instant building”) located within the instant rearrangement zone, and is engaged in religious activities in the instant land and buildings.

B. On August 26, 2016, the Defendant: (a) held an extraordinary association meeting to decide on a project implementation plan containing the contents of allocating one religious site to the FGG located in the instant rearrangement zone (hereinafter “instant project implementation plan”); (b) Gwangju Metropolitan City head authorized and announced the instant project implementation plan on February 20, 2017; and (c) revised and publicly notified some of the details on February 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. If the Defendant’s instant lawsuit is sought for the revocation of the authorization disposition issued by the head of Gwangju Metropolitan City on February 20, 2017 by the head of the Dong-gu, Gwangju Metropolitan City, the claim is illegal as against the Defendant without standing to sue. If the Defendant seeks the revocation of the instant project implementation plan, it is subject to civil litigation and should

B. According to the purport of the application for judgment, the instant lawsuit does not seek cancellation of the approval of the project implementation plan of the head of the Dong-gu Gwangju Metropolitan City, but seeks cancellation of the instant project implementation plan.

In addition, the defendant is a public corporation that implements a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and is prescribed by law within the scope