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(영문) 서울행정법원 2014.05.22 2013구합28503

공덕1구역주택재건축조합설립추진위원회승인처분무효확인

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1. All of the instant lawsuits are dismissed.

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

Reasons

On March 23, 2006, the Mayor of Seoul Metropolitan Government formulated a master plan for urban and residential environment improvement, which designates the area of 71,000 square meters in Mapo-gu Seoul Metropolitan Government E-Ma as an area to be rearranged and announced as a public announcement D of Seoul Metropolitan Government.

(hereinafter “instant basic plan”). On June 7, 2006, the G reconstruction rearrangement project promotion committee consisting of owners of lands, etc. residing in the FF large 71,000 square meters, Mapo-gu Seoul Metropolitan Government, submitted to the Defendant an application for approval of the establishment of a housing reconstruction promotion committee to implement the H zone reconstruction project.

Upon examining the above application on August 7, 2006, the Defendant determined that 180 persons (53.57% of the consent rate) from among 336 owners of the entire land, etc. of the F-W-gu Seoul Metropolitan Government 71,000 square meters (H area) consent to 336 owners of the land, etc., and approved the establishment of an association establishment promotion committee for G-building rearrangement project (hereinafter referred to as the “participating”).

(hereinafter “instant formation approval.” On February 27, 2008, the Intervenor filed an application with the Defendant for modification of the rearrangement plan and district designation that requested the Defendant to modify the area to be rearranged as stipulated in the instant basic plan. At the time of the application for approval of the formation of the instant basic plan, the said application submitted 124 written consent among 180 persons who agreed to the composition of the association establishment promotion committee.

On June 30, 2011, the Mayor of Seoul Metropolitan Government changed the improvement project zone of D’s urban and residential environment improvement master plan announced by Seoul Metropolitan Government on March 23, 2006 to the size of 58,376.2 square meters in Mapo-gu Seoul, Mapo-gu, Seoul, and designated the said zone as a rearrangement project zone for A’s housing reconstruction and announcement thereof.

(hereinafter referred to as the “designation of Rearrangement Zone”). [The grounds for recognition] did not dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 8, Eul evidence No. 9, Eul evidence No. 1 through 3, Eul evidence No. 5, and the summary of the Intervenor’s defense prior to the merits of the whole pleadings, are the composition approval.