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(영문) 서울행정법원 2018.02.02 2017구합61652

사업시행계획인가취소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant Cooperative is a housing redevelopment project partnership established on December 1, 201 after obtaining authorization to establish an association from the head of the Defendant on December 29, 201 to implement a housing redevelopment project (hereinafter “instant improvement project”) with the size of 112,042 square meters in Eunpyeong-gu Seoul Metropolitan Government as a rearrangement zone (hereinafter “instant improvement zone”). The Plaintiffs are the members of the Defendant Cooperative.

B. On April 18, 2014, the Defendant Union filed an application for consultation with the Seoul Special Metropolitan City Mayor on the construction plan and the traffic impact analysis and improvement plan deliberation subcommittee.

On May 15, 2014, the Mayor of Seoul Special Metropolitan City notified the head of the Si/Gun/Gu of the result of deliberation of the "Conditional presentment of the Committee" on May 20, 2014. The head of the Gu notified the defendant association of the results of deliberation on the same day.

C. On June 10, 2014, the Defendant Union applied for deliberation on construction plans and traffic impact analysis and improvement plans regarding the instant rearrangement project by reflecting the matters pointed out in the above review results to the Mayor of Seoul Special Metropolitan City.

On June 24, 2014, the Mayor of Seoul Special Metropolitan City notified the head of the Gu of the result of deliberation of the "Conditional Consent" on July 1, 2014, after deliberation by the Seoul Special Metropolitan City Building Committee, and the head of the Gu notified the head of the Defendant on July 4, 2014.

On June 25, 2016, the Defendant Cooperative held a general meeting and resolved the formulation of a project implementation plan, and applied for authorization of the project implementation plan (hereinafter “instant project implementation plan”) to the head of the Gu on June 30, 2016.

(hereinafter referred to as the “application for authorization of this case”).

The defendant head of the Gu approved a project implementation plan on January 26, 2017 to the defendant association.

(hereinafter referred to as the “project implementation authorization of this case”). 【Ground of recognition’s absence of any dispute, and entry and pleading of Gap’s 1 through 6.