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(영문) 서울행정법원 2017.10.20 2017구합51679

반려처분취소 등

Text

1. On February 29, 2016, the Defendant’s rejection of the application filed by the Plaintiff for approval recommendation for the Seoul Central Market Improvement Project Promotion Plan.

Reasons

1. Details of the disposition;

A. The Plaintiff is a juristic person established on February 27, 2008 for the purpose of the market improvement project for the 14th Seoul Central Market, Jung-gu, Seoul (hereinafter “instant improvement project”).

B. 1) Around May 2008, the Plaintiff filed an application with the Defendant for recommendation on the approval for the instant rearrangement project promotion plan. The Defendant, on December 2, 2009, through the public inspection and publication procedure, shall be the intervenor in the Defendant’s lawsuit (hereinafter “participating”).

(2) On December 26, 201, an intervenor recommended the Plaintiff’s project promotion plan approval. On March 26, 2011, a market improvement project corporation rejected the Defendant’s recommendation on the grounds that it is limited to incorporated associations under the Civil Act. On March 7, 2012, the Defendant rendered a disposition to return the Plaintiff’s application for recommendation on the same ground to the Plaintiff. (2) The Plaintiff filed a lawsuit seeking revocation of the above return disposition by the Defendant. On July 24, 2014, “market improvement project corporation includes not only an incorporated association under the Civil Act, but also a company under the Commercial

(Revocation of Disposition Revoking Approval for Market Improvement Project Implementation Plan by Seoul High Court 2012Nu31900, Supreme Court 2013Du5272)

C. On May 21, 2015, the Defendant requested the Plaintiff to supplement the project promotion plan, and the Plaintiff submitted supplementary documents to the Defendant on May 28, 2015.

On June 25, 2015, the defendant recommended the intervenors to approve the project promotion plan.

On September 25, 2015, the intervenor rejected the application for recommendation to the defendant on the grounds as shown in attached Form 2.

On December 18, 2015, the defendant received the vindication and supplementary documents from the plaintiff, and requested the intervenor to review the approval of the project promotion plan.

On December 30, 2015, the intervenor must supplement the project promotion plan to the defendant on September 25, 2015 according to "the grounds for rejection of September 25, 2015" and, if the complementary documents are submitted, the application for the recommendation of the project promotion plan and the related procedures are reviewed, and the application for the recommendation of the project promotion plan.