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(영문) 서울고등법원 2016.07.14 2015누69289

주택재건축정비예정구역해제처분 취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) the court’s explanation on the instant case is to change the “song-song-song-song-song-song-song-song-song-song-song-song-song-song-song-song-song-song-song-song-song-song-song,” and (b) other than adding

(The fact-finding and judgment of the first instance is justifiable with respect to the contents alleged in the first instance among the grounds alleged by the plaintiff in the trial while filing an appeal; 2. Additional decision

A. The plaintiff's assertion 1) although Article 4-3 (4) 3 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents cannot be applied to the HP district, the defendant applied the above provision to this case. The head of Songpa-gu Seoul Metropolitan Government (hereinafter "the head of Songpa-gu") who violated the principle of the protection of trust in the disposition of this case (hereinafter "the head of Songpa-gu") announced that the residents of HP district should hear their opinions on July 11, 2013 pursuant to Article 4-2 of the Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Seoul Metropolitan Government Ordinance"), if at least 30% of the total owners of the land, etc. of the land, etc. on the basis of the residents' opinion request for cancellation (or cancellation of business), the residents' cancellation (or suspension of business) of the improvement zone pursuant to Article 4-3 (4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, etc.) and the disposition of this case was made on the basis of residents' trust zone of this case.