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(영문) 서울고등법원 2017.03.22 2016누60166
사업시행변경인가처분취소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The appeal cost includes the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) is a housing redevelopment and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the authorization granted by the Defendant on August 10, 2007.

The project implementation district is 31,650 square meters in Guri-si, which was designated as a housing redevelopment improvement district on May 28, 2007.

The plaintiff (appointed party, hereinafter referred to as the "Plaintiff") and the designated parties are landowners in the project implementation district.

B. On February 11, 2008, an intervenor subsidized the first project implementation authorization was granted the first project implementation authorization from the Defendant on February 11, 2008.

This was about the project implementation plan, which was approved on August 31, 2007 by the supplementary intervenor with the total floor area of KRW 74,723.87 square meters, building-to-land ratio of 16.06%, volume of 225.90%, households of 25.90%, 48 households of 127,820,000, total project cost of KRW 127,820,000.

C. Then, the Intervenor obtained authorization from the Defendant on May 31, 2010 for the change of the project implementation plan on the following grounds: (a) the total floor area was 76,193.381 square meters; (b) the building-to-land ratio was 15.30%; (c) the volume ratio was 229.52%; (d) the number of households was 512 households of the second and second underground floors; and (e) the total project cost was 101,574,00,000 won; and (b) the auxiliary intervenor was applied again from the members from June 24, 2010 to September 1, 2010; and (e) the Plaintiff et al. (hereinafter “Plaintiff et al.”) did not apply for parcelling-out.

1) On May 12, 2014, the supplementary intervenor approved the change of the project implementation plan from the defendant on May 12, 2014 (hereinafter “instant authorization disposition”).

was received.

This means that the supplementary intervenor held a general meeting on November 21, 2013 and held a site area of 33,739 square meters, the building-to-land ratio of 17.97%, the solvents rate of 235.82%, the total floor area of 87,768.06 square meters, the number of households of 7,768.25 square meters, the number of households of 63 households of 2,25 stories and 170,700.

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