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(영문) 서울서부지방법원 2018.09.20 2018가단202524

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

(a) following the filing of a civil petition, until the appropriateness of the residents’ opinion survey is confirmed, all the administrative procedures will be postponed and, depending on the result, will decide on the progress of the project;

"........"

(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may cancel the designation of a rearrangement zone, etc. after deliberation by a local urban planning committee in any of the following cases:

In such cases, matters necessary for the specific standards under subparagraphs 1 and 2 shall be prescribed by City/Do municipal ordinance.

2. Where it is deemed impracticable to attain the purpose of designation in light of the progress of a zone scheduled to be rearranged or an improvement zone.

3. Where at least 30/100 of the owners of a plot of land, etc. requests the cancellation of a rearrangement zone, etc. (limited to an area where a promotion committee is not organized) (3) under Article 4-3 (4) 2 of the Seoul Special Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (Ex Officio Cancellation, etc.) means any of the following cases:

3. Any of the following zones including a natural scenic district, maximum height district, cultural heritage protection zone, historic and cultural environment preservation area, etc.:

(c) Where a project implementer fails to file an application for authorization of a management and disposal plan (limited to an application that satisfies all accompanying documents) that complies with Article 48 of the Act and Article 11 of the Enforcement Rule by not later than four years from the date of obtaining authorization for project implementation (referring to the first authorization)

4. Where it falls under any item of subparagraph 3 and at least 1/3 of the owners of lands, etc. in the relevant zone requests cancellation, and the project sponsor is less than 50/100 after investigating his/her opinion under paragraph (6).