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(영문) 서울행정법원 2018.10.04 2017구합66237

사업시행변경인가처분등취소

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. AH (hereinafter “AH”) pursuant to Article 12 of the former Urban Redevelopment Act (wholly amended by Act No. 5116, Dec. 29, 1995) on June 23, 1993, the Mayor of Seoul Special Metropolitan City (1) shall grant authorization for project implementation and transfer of project implementation rights.

(1) The project implementer shall be the Jongno-gu Seoul Metropolitan Government AI (hereinafter referred to as “AI”).

) AJ, et al., 7,055 square meters of a parcel (7,052 square meters of a parcel after the change of project implementation) was changed to 7,052.4 square meters.

AF Redevelopment Project (hereinafter “instant project”) with the content of newly constructing business facilities, etc. on the 18th and the 7th underground floor size of the project area, which consists of a project implementation district.

) The enforcement of the project was authorized (the enforcement period between June 23, 1993 and December 22, 1996; hereinafter “instant project implementation authorization”); and the authorized project implementation plan is “instant project implementation plan.”

(2) On June 29, 1993, after the Seoul Special Metropolitan City public notice AK announced as of June 29, 1993, the Seoul Special Metropolitan City public notice AK announced as of March 27, 1995. 2) AH selected AM as a contractor and promoted the instant project, and commenced the relevant construction, but it was impossible to implement the instant project due to the default of AM, etc., and transferred the instant project implementation right and all rights to AB Co., Ltd. (hereinafter “AB”) on February 21, 200.

3) Defendant Jongno-gu Seoul Metropolitan Government Administrator of Jongno-gu Seoul Metropolitan Government (hereinafter “Defendant Jongno-gu Administrator”).

The former Urban Redevelopment Act (amended by Act No. 6852, Dec. 30, 2002; hereinafter “former Urban Redevelopment Act”) on May 7, 2001

(B) AB, around August 12, 2002, entered into a development project agreement with three companies, including AO(hereinafter “AO”) around 12, 2002, on the following grounds: (a) the implementation period of the instant project was changed from June 23, 1993 to December 22, 2003; (b) the progress of the project and the discontinuance of the project; (b) AB entered into a development project agreement with three companies, including the Jongno-gu Seoul Metropolitan Government AO(hereinafter “AO”);