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(영문) 서울행정법원 2016.07.01 2015구합50672

추진위원회승인취소처분 취소청구의 소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. On June 25, 2004, the head of the Seoul Metropolitan Government announced the Seoul Mapo-gu Seoul Metropolitan Government Master Plan for Urban and Residential Environment Rearrangement (hereinafter “B”).

B. On January 30, 2008, the Plaintiff was established for the purpose of establishing a rearrangement project association to implement a housing redevelopment project (hereinafter “instant project”) with respect to D Il-gi 81,426 square meters (hereinafter “instant project area”), and was approved to establish an association by the head of Mapo-gu Seoul Metropolitan Government (hereinafter “head of Mapo-gu”) on January 30, 2008.

C. On July 8, 2010, the head of the Seoul Special Metropolitan City Mayor decided to improve the housing redevelopment project and the designation of the improvement zone for the instant project zone.

On August 13, 2014, the head of Mapo-gu received an application for dissolution of the promotion committee (hereinafter “application for dissolution of this case”) from the owners of land, etc. in the instant project zone, and on October 10, 2014, 283 of the owners of land, etc. and 557 of the owners of land, etc. (hereinafter “instant consent”) were subject to revocation of approval for establishment of the promotion committee.

(hereinafter referred to as “instant revocation of approval”). (e)

Accordingly, on May 21, 2015, the Seoul Special Metropolitan City Mayor revoked the designation of a zone for re-development of five houses in salted 5 on the ground that the approval of this case was revoked.

(hereinafter “instant cancellation disposition” and “each of the instant dispositions”, including the instant cancellation disposition and the instant cancellation disposition, are referred to as “each of the instant dispositions”). / [Grounds for recognition] without dispute, entry in Gap’s 1, 2, Eul’s 1 and 2, and the purport of the entire pleadings.

2. To make entries in the attached statutes concerned;

3. Whether the revocation of the approval of this case is legitimate

A. Article 16-2(1) 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 “Urban Improvement Act”) provides that the head of a Si/Gun is the owner of a plot of land, etc.