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(영문) 서울행정법원 2017.10.19 2014구합74671

정비구역 해제 처분 무효 확인 청구 등

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On March 23, 2006, the Defendant established and publicly announced the Seoul Metropolitan Government Master Plan for Urban and Residential Environment Rearrangement (hereinafter “C”), and designated and publicly announced ① 22,00 square meters in Mapo-gu Seoul Metropolitan Government, ② 4,000 square meters in Seoul, ③ 17,000 square meters in Japan, ④ 12,00 square meters in Japan, ④ 12,000 square meters in each urban environment improvement scheduled zone (hereinafter “C”, “D”, “E”, and “C or F” by combining them).

B. The E Housing Reconstruction Improvement Project Promotion Committee (hereinafter “E Promotion Committee”) was organized with the consent of 86 of 122 owners of land, etc. in the above zone with the approval of the head of Mapo-gu Seoul Metropolitan Government on November 14, 2006 (hereinafter “head of Mapo-gu”). D Housing Improvement Project Promotion Committee (hereinafter “D Promotion Committee”) was organized with the consent of 103 owners of land, etc. in the above zone with the consent of 159 owners of land, etc., on April 17, 2007.

C. On October 9, 2008, D and E Promotion Committee members agreed to implement a reconstruction project by establishing one association by holding a plenary meeting with the promotion committee members for the establishment of the F Housing Reconstruction Project Association and integrating D, E, and F in the future and integrating C and the scheduled elementary school site.

Accordingly, the organization of the G Housing Reconstruction Project Promotion Committee (hereinafter “instant Promotion Committee”) was promoted, and the committee of promoters D and E approved the above contents of the agreement at the residents’ general meeting, and agreed to the establishment of the Integrated Promotion Committee on the premise that “D, E, and F is integrated from the owners of lands, etc., and that “D, E, and C agree to the establishment of the Integrated Promotion Committee on the premise that other lands, such as C, are integrated.”

Since then, more than a majority of owners of land D and E submitted written consent, and the head of Mapo-gu approved the establishment of the promotion committee of this case on July 27, 2009.

E. However, the former, May 1, 2009 F.F.