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(영문) 서울행정법원 2014.03.14 2013구합58245

건축허가신청반려처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 27, 1999, the Plaintiff completed the registration of ownership transfer with respect to B large volume 125 square meters in the name of Eunpyeong-gu Seoul Metropolitan Government E (hereinafter “E”), and on April 28, 200, the said land was divided into B large scale 86 square meters, C large scale 7 square meters, and D large scale 32 square meters (hereinafter collectively referred to as “instant land”).

B. 1) On October 19, 1990, the Minister of Construction and Transportation under the former Act on Temporary Measures for the Improvement of Residential Environments (amended by Act No. 5449 of Dec. 13, 1997; hereinafter referred to as the “Act on the Improvement of Residential Environment”).

(B) Pursuant to Article 3, “A residential environment improvement project for the instant project area in which FJ 22,705 square meters (hereinafter “the instant project area”) is located.”

(H) On October 28, 1992, the Seoul Special Metropolitan City Mayor designated and publicly announced the G District ‘(Public Notice of Construction Department H. 2)' (the Seoul Special Metropolitan City Mayor formulated and publicly announced the housing environment improvement plan for the instant project area in accordance with Article 6 of the Housing Environment Improvement Act.

(I) On December 27, 1995, the Defendant, a project executor of the instant project, shall revise and publicly notify the housing environment improvement plan (Notice J of Eunpyeong-gu Seoul Metropolitan Government), and on June 29, 2010, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(C) Pursuant to Article 4(1), a public announcement was made on June 201 to December 2010 to revise and publicly notify a residential environment improvement plan with the content that the project implementation period shall be extended from June 201 to December 201 (Notice K in Eunpyeong-gu Seoul Metropolitan Government), and on December 2010, a public announcement was made to revise and publicly notify a residential environment improvement plan with the content that the project implementation period shall be extended by one year to December 201 again (the Eunpyeong-gu Seoul Metropolitan Government Notice L. c. 1) that the Plaintiff has not implemented an urban planning facility project for a long time for the Defendant to determine whether the Plaintiff is entitled to perform construction activities on the instant land

2 The defendant on November 13, 2012 belongs to development restriction zones and park areas.