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(영문) 수원지방법원 2016.08.17 2015구합2834

정비구역지정해제신청거부처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 30, 2007, the Defendant designated and publicly announced the area as a D urban renewal acceleration district pursuant to the former Special Act on the Promotion of Urban Renewal (amended by Act No. 10761, May 30, 201; hereinafter “former Urban Renewal Act”).

B. On December 4, 2009, the Defendant: (a) designated the G zone of the F Daily in Gwangjin-si located in the said urban renewal acceleration district (hereinafter “instant zone”) as the promotion zone; and (b) announced the implementation of the housing redevelopment project after the determination of the urban renewal acceleration plan.

C. The owners of land or buildings within the instant zone (hereinafter “owners of land, etc.”) constituted an association establishment promotion committee for housing redevelopment and rearrangement projects (hereinafter “instant promotion committee”) and obtained approval from the Gwangju metropolitan market on May 27, 2010, and the instant promotion committee established a housing redevelopment and rearrangement project association with the authorization of the Gwangju metropolitan market on September 3, 2012.

On May 27, 2014, the Plaintiff, one of the owners of the land, etc. in the instant zone, requested the Defendant to cancel the designation of the instant zone by attaching 255 written consents equivalent to 25.75% among the owners of the land, etc. in the instant zone pursuant to Article 4-3(4)1 and 2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “former Act”).

E. On October 20, 2014, the Defendant held a deliberation by the Gyeonggi-do Working Committee for Deliberation on Revocation of Designation of Rearrangement Zones to review the subject matter, etc. of the rearrangement zone pursuant to Article 4-3(4)1 and 2 of the former Act, and Article 9(1) and (2) of the former Ordinance on the Improvement of Urban and Residential Environments (amended by Gyeonggi-do Ordinance No. 4914, May 1, 2015; hereinafter “Urban Improvement Ordinance”) on the Improvement of Urban Areas and Dwelling Conditions in Gyeonggi-do.