beta
(영문) 광주지방법원 2018.05.24 2017구합12254

주거환경개선사업정비구역지정처분무효확인 등 청구의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff B Housing Association Promotion Committee is an organization established around August 1, 2016 to promote housing redevelopment projects in approximately 24,017 square meters in Dong-gu, Gwangju, Dong-gu, Gwangju in order to promote housing redevelopment projects, and Plaintiff A is the owner of Dong-gu, Gwangju in 502.

B. On March 15, 2016, the Defendant publicly announced the “G Master Plan” as the Seoul Metropolitan City Public Notice, and the head of the Dong/Dong of Gwangju Metropolitan City, on June 24, 2016, established the “I residential environment improvement project (hereinafter “instant project improvement project”) improvement plan (hereinafter “the instant project”).

(c) The head of each Dong/Dong of Gwangju Metropolitan City shall hold a briefing session for residents on July 8, 2016 to apply for designation of a rearrangement zone under the relevant rearrangement plan, and from July 13, 2016 to the extent of application for designation;

8. By January 18, 2017, the above improvement plan was made available to the residents, and the opinions of the Dong-gu Council were heard on January 18, 2017, and thereafter on February 8, 2017.

2. By April 21, 2017, the Defendant filed an application for the designation of an improvement zone with the above improvement plan attached, after consultation with the relevant agencies, including the Defendant. D.

Accordingly, on July 13, 2017, the Defendant designated an improvement zone for the instant project on August 1, 2017 after deliberation by the Gwangju Metropolitan City Urban Planning Committee.

E. Since August 2, 2017, the head of the Dong-gu Gwangju Metropolitan City started an investigation into obstacles with respect to compensation for losses arising from the instant project site. From December 14, 2017 to December 29, 2017, the compensation plan for the instant project was publicly announced. On February 13, 2018, two appraisal corporations requested an appraisal for compensation for losses arising from the instant project. Consultation was held with relevant agencies for the establishment of the project implementation plan for the instant project from February 26, 2018 to March 12, 2018, and was conducted for public inspection for 15 days for the formulation of the project implementation plan and the project approval on April 26, 2018.

F. However, in this process, the head of Dong in Gwangju Metropolitan City.