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(영문) 수원지방법원 2016.08.17 2015구합2841

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 of the F Daily in Gwangjin-si located in the said urban renewal acceleration district (hereinafter “instant zone”) as the promotion zone; and (b) publicly announced after the determination of the urban renewal acceleration plan to proceed with the housing redevelopment project.

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 improvement projects (hereinafter “instant promotion committee”) and obtained the approval thereof from the light market on May 6, 2010. The instant promotion committee established G Housing Redevelopment and Improvement Project Association with the authorization of the light market on August 31, 2012.

On April 14, 2014, the Plaintiff, one of the owners of land, etc. in the instant zone, requested the Defendant to cancel the designation of the instant zone (hereinafter referred to as “instant application”) by attaching 167 written consent from 31.68% 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 Cancellation 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”) and decided to continue the project.