정비구역해제고시 무효 확인 등 청구의 소
1. Defendant Seoul Special Metropolitan City Mayor is limited to B published on March 30, 2017.
1. Details of the disposition;
A. On November 19, 2009, the Mayor of the Seoul Metropolitan Government (hereinafter “Defendant Mayor”) designated the Jongno-gu Seoul Jongno-gu Seoul E-mail 34,261.5 square meters as C (hereinafter “instant improvement zone”) as a public announcement D on November 19, 2009.
The Plaintiff is an urban environment rearrangement project association established upon authorization from the head of Jongno-gu Seoul Metropolitan Government (hereinafter referred to as the “head of the Defendant”) on July 19, 2010 in order to implement an urban environment rearrangement project in a zone where the instant improvement zone is scheduled to be implemented.
B. On September 21, 2012, the Plaintiff received project implementation authorization from the head of the Gu, and filed an application for project implementation authorization with the head of the Gu on October 28, 2013 for the change of large square type among the defendant's new buildings into some small square types.
However, on July 23, 2015, the defendant head of the Gu notified the plaintiff on July 23, 2015 that "as a result of consultation with the defendant market, the defendant market is in the major location of forming historical and cultural landscapes, and it is inevitable to review the overall project implementation plan due to such historical and public interests-based interests, so it is inevitable to review the overall project implementation plan." The plaintiff did not take any measure against the plaintiff's application for
C. On December 8, 2015, the Plaintiff filed a lawsuit against the Defendant head of the Gu to confirm that the omission without making any disposition on the application for change of the project implementation plan is illegal (Seoul Administrative Court Decision 2015Guhap81188), and received a favorable judgment in the first instance trial on October 20, 2016.
The defendant appealed to the above judgment of the first instance court, and on March 20, 2017, during the appellate trial, the defendant issued a disposition to return the application for the change of the project implementation to the plaintiff.
On the other hand, on October 26, 2016, the Defendant Mayor issued the Seoul Metropolitan Government Ordinance on the Improvement of Urban and Residential Environments (Seoul Special Metropolitan City Ordinance No. 6408, Jan. 5, 2017; hereinafter “Urban Improvement Ordinance”).