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(영문) 서울행정법원 2011.05.27 2010구합37049

사업시행인가처분일부취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff obtained authorization from the Defendant on December 23, 2005 to implement an urban redevelopment project to construct multi-family housing, etc. (hereinafter “instant project”) within a total of 77,500 square meters of a total of 1268-1 square meters for children who were not children of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant project”).

B. On March 29, 2006, the Defendant approved the implementation of the instant project pursuant to Article 28(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The content of the instant project implementation authorization on the fundamental infrastructure is as follows.

A 12,177 road 7,639.20 "parks 7,532.60 for redevelopment and maintenance project cooperatives' green areas 7,532.60" 1,238 "school 3,060- Cultural Center 1,500 Gangwon-gu, which is a 12,177 road operator, which is a project implementer of a facility for the improvement of use;

C. In approving the instant project implementation, the Defendant attached one copy of the matters with regard to the authorization for project implementation of the attachment and one copy of the results of consultation with the relevant department under Paragraph (6) of the conditions of authorization for project implementation, which read that “the matters with regard to matters with regard to the authorization for project implementation of the attachment and the results of consultation with the relevant department,” among the matters with regard to the consideration for project implementation, the Defendant stipulated in Paragraph (4) that “the plan for gratuitous concession, sale, etc. within the zone shall be performed according to the results of consultation with the competent management agency, and the association members who possess possession of the right of possession among the State-owned and public land subject to sale shall be purchased by the association members, and the project implementer who hold possession shall purchase it.” As a result of the consultation with the relevant agency, the conditions for authorization for project implementation

On September 12, 2006, the Plaintiff filed an application for purchase with the Defendant for the government-owned or public land abolished within the instant project zone, and on December 14, 2006, the Plaintiff purchased from the Defendant for KRW 9,438,257,650 on the land outside 637-4, and the Plaintiff purchased from the Defendant for KRW 9,438,257,650 on the land outside 67. The Plaintiff purchased from the Seoul Metropolitan Government on December 14