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(영문) 서울행정법원 2017.10.13 2017구합56254

수용재결무효확인 등 청구의 소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of adjudication on expropriation;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor D”) is a housing redevelopment and consolidation project partnership with the approval of establishment granted by the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “head of the Intervenor”) on March 20, 2009 for the purpose of implementing the housing redevelopment and rearrangement project (hereinafter “instant project”) on the parcel of 87,783 square meters, Seongbuk-gu Seoul and 753.0 square meters.

B. On December 21, 2010, the Intervenor Union: (a) held an extraordinary general meeting on December 21, 2010 and established a project implementation plan (hereinafter “the initial project implementation plan”) as the case of resolution of the project implementation plan under subparagraph 5; and (b) applied for authorization to the head of the Intervenor on December 30, 2010.

On July 16, 2012, Article 30 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 41 of the Enforcement Decree of the same Act provide that land use plan, infrastructure for maintenance, funding plan, and plan for the installation of joint-use facilities shall be included in the project implementation plan. However, the intervenor made a supplementary notification to the effect that the contents of the general meeting plan and the resolution of the general meeting related to the establishment of the project implementation plan submitted by the intervenor association upon application for approval of the project implementation do not include the above contents. Thus, the intervenor made up for it within three

C. On October 9, 2012, the Intervenor Union: (a) held an extraordinary general meeting on a project implementation plan; (b) formulated a project implementation change plan; and (c) obtained authorization for the implementation of the project from the head of the Intervenor on January 10, 2013 (hereinafter “instant project implementation authorization”); and (d) obtained authorization for the implementation of the project from the Intervenor’s head of the Gu (hereinafter “instant project implementation authorization”).

The Mayor of Seoul Special Metropolitan City shall change the area of the improvement zone of this case into 86,921.7 square meters on November 27, 2014, and make an alteration decision on the urban renewal acceleration plan of the FU and its topographical map.