손해배상(국)
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Basic facts
A. On October 19, 2006 pursuant to the Special Act on the Promotion of Urban Renewal (hereinafter “Urban Renewal Promotion Act”), the Defendant designated and publicly notified the Songpa-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Area B as a C zone with a size of 738,426 square meters (the increase to a size of 740,103 square meters). On April 21, 2011, the Defendant publicly notified the alteration of an urban renewal acceleration plan that includes the details, etc. of designating the D zone, which is part of the said urban renewal acceleration district, as a renewal promotion district for a housing redevelopment project.
(2) The portion of the modified urban renewal acceleration plan, which designates D zones as urban renewal acceleration zones, shall be referred to as the “instant disposition”).
Based on the instant disposition, the Intervenor joining the Defendant (hereinafter “ Intervenor”) approved the establishment of the Plaintiff on March 19, 2012 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
C. A part of the building owners in the zone D filed a lawsuit against the Defendant as Seoul Administrative Court 201Guhap22648, which sought revocation of the instant disposition. On June 8, 2012, the said court rendered a judgment that deemed the instant disposition lawful and dismissed the said owner’s claim (hereinafter “relevant first instance judgment”).
The above owners appealed as Seoul High Court Decision 2012Nu20634 on October 30, 2013, and the appellate court is the former Urban Renewal Promotion Act (amended by Act No. 10761, May 30, 201; hereinafter “former Urban Renewal Promotion Act”).
According to the relevant laws and regulations, including Articles 9, 12, and 13, when designating an urban renewal acceleration zone to implement a housing redevelopment project under the Urban Renewal Promotion Act in an urban renewal acceleration district under the former Urban Renewal Promotion Act, the former Act on the Improvement of Urban Areas (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Improvement of Urban Areas”).
It shall meet the requirements of old and inferior buildings falling under subparagraph 3 (c) of Article 2.