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(영문) 수원지방법원 2016.06.14 2015구합2827
정비구역지정해제신청거부처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On July 30, 2007, the Defendant made a public announcement on July 30, 2007, stating that Gwangju-si C, D Ilwon 2,248,282 square meters are designated as urban renewal acceleration districts.

B. Pursuant to Article 5(1) and (4) of the former Special Act on the Promotion of Urban Renewal (amended by Act No. 9876, Dec. 29, 2009; hereinafter “former Urban Renewal Act”), the Defendant included and excluded part of the existing public facilities, such as omitted lots, back roads, and neckside roads, among the aforementioned urban renewal acceleration district, into Gyeonggi-do public notice E on December 4, 2009, and changed the area to 2,281,110 square meters, and publicly notified each of them.

C. Of the above urban renewal acceleration district, the area of 163,168.6 square meters (G area; hereinafter “instant improvement district”) was determined as a housing redevelopment project district to create a pleasant dwelling by improving the residential environment and maintaining infrastructure.

The owners of land or buildings in the instant improvement zone (hereinafter “owners of land, etc.”) constituted an association establishment promotion committee for housing redevelopment improvement projects in the G zone (hereinafter “instant promotion committee”) with the consent of a majority of the said committee and applied for the approval thereof to the Gwangju Metropolitan City Mayor.

E. On December 23, 2010, the Mine Name Market was approved for the instant promotion committee on the ground that the consent ratio on December 23, 2010 is 53.74% (number of consenters 1,395 / number of landowners, etc. 2,597) and conforms to relevant statutes, such as Article 13 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

F. On October 18, 201, the instant promotion committee filed an application for authorization to establish an association with the Gwangju Metropolitan City Mayor, and on October 31, 201, the Gwangju Metropolitan City Mayor: (a) on October 31, 201, on the aggregate of 38,353.69 square meters of State-owned and public land owned by the Gwangju Metropolitan City, the State, the Ministry of Land, Transport and Maritime Affairs, the National Police Agency, and Gyeonggi-do, each of which is owned by the Seoul Metropolitan Government (i.e., 163,168 square meters of total area - private land - 124,814.91 square meters of private land, without the landowner’s consent; and (b) on the aggregate of 124,814

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