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(영문) 서울행정법원 2012.08.16 2011구합36432

조합원지위확인

Text

1. All of the plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, the costs involved in the intervention are assessed against the Plaintiff’s Intervenor.

Reasons

1. Basic facts

A. On June 30, 200, pursuant to Article 12 of the former Urban Planning Act (amended by Act No. 6243, Jan. 28, 2000; hereinafter the same) and Article 6 of the former Enforcement Decree of the Urban Planning Act (amended by Presidential Decree No. 16891, Jul. 1, 200; hereinafter the same shall apply), the Mayor of the Seoul Special Metropolitan City determined that the name of the administrative district was changed to D on January 1, 2007; hereinafter the same shall apply) the land of the same region including the 6,969 square meters of land in Gangdong-gu Seoul Metropolitan Government (hereinafter “D”) as an off-road parking lot, which is an urban planning facility, as relocation measures for the residents living in the previous land of this case, the head of Gangdong-gu Seoul Special Metropolitan City designated and publicly announced a group of housing development project of 11,876 square meters in size as a housing site (hereinafter “instant site”).

B. Meanwhile, the instant project site was located within a development-restricted zone, but the head of Gangdong-gu Seoul Metropolitan Government (hereinafter “the Intervenor”) by the Plaintiff’s Intervenor granted permission to change the form and quality of land within a development-restricted zone pursuant to Article 21 of the former Urban Planning Act, Article 20(1)2 of the Enforcement Decree of the same Act, and Article 8(1)28 of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Construction and Transportation No. 245, Jul. 4, 2000; hereinafter the same) in order to create a group of housing sites on the instant project site on June 30, 200.

C. In order to implement a group of housing site development projects (hereinafter “instant project”) which are urban planning projects in the instant project site, the Defendant was designated as an association of a group of housing site development projects consisting of residents who owned the instant previous land and the building on its ground, and was approved by the Intervenor on May 23, 2001 and designated as an implementer of the instant project.

Around August 6, 2001, the Defendant changed the project executor of the instant case to the intervenor after consultation with the intervenor, and on November 13, 2001, the “Convention on Housing Site Development Project” with the intervenor.