사업시행인가조건취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. The Intervenor joining the Defendant (hereinafter “the Intervenor”) confirmed from around 2010 that the said reconstruction project had an impact on the school in the district and proceeded with the consultation procedure with the Seoul Special Metropolitan City, the Defendant, and the relevant statutes.
B. In addition, on April 2014, the intervenor discussed whether the reconstruction association and each reconstruction association within the said zone including the Plaintiff need to rebuild and establish schools within the said zone due to the reconstruction project, as well as whether it is necessary to secure school sites and the burden of related expenses, etc., and each reconstruction association within the zone share the expenses for the new construction and reconstruction of the school, and suggested a provisional agreement to each reconstruction association including the Plaintiff, with the content that each reconstruction association within the zone shares the expenses for the new construction and reconstruction of the school.
C. On April 17, 2014, the Plaintiff sent an official letter to the Defendant, stating that “In response to the assertion that the Intervenor would end up to agree on the KRW 122 billion of school facility contributions, it is deemed impracticable for the Intervenor to reach an agreement without consultation, such as the difference in the speed of the reconstruction project by each complex, the objective verification of the materials to be presented in the future, and the five complexes after the Intervenor’s objective verification, so that the Plaintiff can obtain authorization for project implementation on the grounds of the following action plan (hereinafter “instant action plan”).
All expenses incurred in newly building, renovation, etc. of an elementary school for the consultation plan for the Gangnam District Office of Education where the expenses incurred in installing school facilities shall be borne by the project implementer; and when implementing the project, one complex project implementer shall consult with the project implementer for implementation of the plan.
b. At the time of authorization for the implementation of the project for an open-use complex, the middle school will be expropriated in accordance with the existing law through consultation between the partnership.