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(영문) 서울행정법원 2011.11.03 2010구합47510
재개발조합설립인가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. Of the litigation costs, the Plaintiff’s Intervenor, the Defendant, and the Defendant.

Reasons

1. Details of the disposition;

A. On December 30, 2003, in order to establish the Seoul Metropolitan Government Master Plan for Urban and Residential Environment Improvement, the Mayor of Eunpyeong-gu Seoul Metropolitan Government made the residents' public inspection of the residents from December 20, 2003 to January 3, 2004 by setting the 8.3ha of Seoul Metropolitan Government as the planned improvement area.

B. The Mayor of Seoul Special Metropolitan City submitted an opinion that it is necessary to extend the scope of the above area from the residents during the above public inspection period, and changed the scope of the zone to 11.7 second order, including D and 172.4 second order, and did not separately conduct the resident public inspection procedure for the changed area, and on June 25, 2004, after hearing the opinions of the Seoul Metropolitan Council and deliberation by the Seoul Metropolitan City Urban Planning Committee, the Mayor of Eunpyeong-gu Seoul Metropolitan City formulated and publicly announced the Seoul Metropolitan Government Master Plan for Urban Residential Environment Improvement including the designation of the area as B.

(Public Notice E). (c) Seoul Special Metropolitan City

B Establishment Promotion Committee for Housing Redevelopment Improvement Project (hereinafter referred to as the “Promotion Committee of this case”) shall be the project implementation district of Eunpyeong-gu Seoul Metropolitan Government and 119,206.37 square meters, and upon the consent of 652 persons among 1,288 owners of land, etc. in the above zone (50.62% of the consent rate), the Defendant filed an application for approval for establishment with the Promotion Committee. The Defendant filed an approval for establishment with the Promotion Committee of this case on February 5, 2005.

After that, the instant promotion committee reduced the project implementation district to 114,087 square meters in the existing 119,206.37 square meters (hereinafter “instant project area”), and applied for approval for change of establishment of the promotion committee to the Defendant on April 14, 2008 on the ground that the Defendant obtained consent of 825 of the entire owners of the instant land, etc. (5.63% of the consent rate) among 1,483 owners of the instant project area.

E. On December 18, 2008, the Mayor of Seoul Special Metropolitan City partly amends the Seoul Metropolitan Government Master Plan for Urban and Residential Environment Improvement, and the Eunpyeong-gu Seoul Metropolitan Government All-day, 114.

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