beta
(영문) 서울행정법원 2015.06.05 2014구합14853

사업시행계획승인처분일부무효

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On September 1, 2008, the Housing Redevelopment and Improvement Project Association (hereinafter “instant partnership”) is a housing redevelopment and rearrangement project partnership (hereinafter “instant project”) approved by the Defendant on September 1, 2008 in order to implement housing redevelopment and rearrangement project (hereinafter “instant project”) in the area of 174 square meters and 59,694 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

B. After the Defendant approved the implementation of the instant project on October 16, 2009, on July 26, 2013, the Defendant approved the project implementation modification plan containing the following table with respect to the infrastructure for rearrangement.

(2) The following facts are established: (a) The project implementation authorization of this case; (b) the type, size, and size of an infrastructure to be newly installed for the improvement of a project implementation plan; (c) the type, size, and size of an infrastructure for the improvement of use of an infrastructure for the improvement of a project implementation plan; (d) the association/refluent reversion of roads 11,875.18.18; and (e) the association/refluent reversion of roads 7,93,50; (d) the establishment of roads; (e) the establishment of a park; (e) the gratuitous reversion of a green area for the creation of a park; and (e) the gratuitous reversion of a green area 3,182.90 association/refluental reversion of a park; and (e) the cultural welfare facility 2,4192,419 square meters = 715.1 square meters of the site for the cultural facility of this case; (e) the provision of a site; and (e) the purport of the entire pleadings and arguments.

2. The plaintiff's assertion is that the site of the road of this case, which is an infrastructure to be ceased to be used as the project of this case, belongs to the State or a local government which manages the infrastructure newly installed by a project implementer, other than the head of a Si/Gun or the Housing Corporation, etc., under Article 65 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act").