beta
(영문) 서울행정법원 2018.08.24 2017구합61041

사업시행변경인가처분취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

Details of the disposition

On June 23, 1993, the Seoul Special Metropolitan City Mayor of project implementation authorization and transfer of project execution right (hereinafter referred to as the "J") made a project implementation district of Jongno-gu K and 61 m2,055 m2 (the project implementation plan was changed to 7,052.4 m2) outside Jongno-gu Seoul and 61 m2,05 m2 (the project implementation plan was changed to 7,052.4 m2) with respect to the construction of business facilities, etc. on the 18th above ground and the 7th underground floor scale (hereinafter referred to as the "L redevelopment project") pursuant to Article 12 of the former Urban Redevelopment Act (the project implementation plan was wholly amended by Act No. 5116, Dec. 29, 1995) and publicly announced as the approval plan for the implementation of the project (the implementation plan of this case was made from June 23, 1993 to December 22, 1996).

J selected the P Co., Ltd. as the contractor and started the project of this case. Since then, the project of this case could not be implemented due to the failure of the P Co., Ltd., the P Co., Ltd. (hereinafter “P”) transferred the instant project implementation right and all rights to P Co., Ltd. on February 21, 2000.

On May 7, 2001, pursuant to Article 22 of the former Urban Redevelopment Act (amended by Act No. 6852 of Dec. 30, 2002; hereinafter “former Urban Redevelopment Act”), the Defendant approved and publicly notified the project implementer of this case as P, and the project implementation change from June 23, 1993 to December 22, 2003.

(Public Notice of Jongno-gu Seoul Metropolitan Government). P around August 12, 2002, P entered into development project agreements with three companies, including R Co., Ltd. (hereinafter referred to as “R”) in relation to the instant project and conducted construction works by entering into a construction contract with R as a contractor pursuant to the said agreement.

P is composed of 200 buyers and each apartment and officetel.