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(영문) 서울행정법원 2017.11.03 2017구합50584

사업시행인가처분취소 등

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

The defendant Housing and Urban Corporation (former name before the change: E.S. Corporation; hereinafter referred to as the "Defendant Corporation") was established to build houses as prescribed by the Local Autonomy Act, the Local Public Enterprises Act, and the Seoul Housing and Urban Corporation Ordinance on the Establishment and Operation of the Seoul Housing and Urban Corporation.

On July 28, 2004, the head of Dongdaemun-gu (hereinafter referred to as the “head of the Defendant”) approved the establishment of the D Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Redevelopment Project”) which sets the project district of Dongdaemun-gu Seoul Dongdaemun-gu as the project district of the redevelopment project (hereinafter referred to as the “instant redevelopment project”).

On January 11, 2007, the Mayor of Seoul Special Metropolitan City publicly announced the modification of the basic plan for the instant redevelopment project (F) and on November 29, 2007, the said project implementation district was designated and publicly announced as redevelopment improvement zone (hereinafter “instant improvement zone”).

(Public Notice G). On July 29, 2010, when the promotion committee applied for the dissolution of the promotion committee and approval of the resident representatives' meeting to the head of the defendant, the defendant head of the Gu dissolved the promotion committee on September 10, 2010 and approved the resident representatives' meeting on September 14, 2010.

On June 29, 2011, the resident representatives' meeting applied to the head of the Gu for the designation of a project implementer as a defendant corporation, and the head of the Gu designated the defendant corporation as the project implementer on July 27, 201, and designated the project implementer on July 28, 201.

Article 16-2(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”) and Article 15-3(1) of the former Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Ordinance No. 5417, Dec. 31, 2012; hereinafter “former Ordinance on the Maintenance and Improvement of Urban Areas”) to the head of the Defendant on November 2, 2012.