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(영문) 서울행정법원 2016.11.10 2016구합59676
관리처분계획취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 24, 2009, the Defendant is the Housing Redevelopment and Improvement Project Association established with the approval of establishment from the head of Seodaemun-gu Seoul Metropolitan Government on December 24, 2009 to implement a housing redevelopment and rearrangement project with the land size of 175 large scale 52,867.7 square meters in Seodaemun-gu Seoul Metropolitan Government as the project implementation district, and the Plaintiff is the owner of a religious site within the Defendant’s business area (hereinafter “instant religious site”).

B. The Defendant received authorization from the head of Seodaemun-gu Seoul Metropolitan Government for project implementation on November 1, 2012, and authorization for project implementation on August 8, 2013 (hereinafter collectively referred to as “authorization for project implementation of this case”).

Ground: Change to change to the location of light or social welfare facilities (welfare facilities for older persons) in the plan for the capture of the religious site in order to enhance the efficiency of the land use of the residential promotion zone: 50 square meters (change of location without any change of area) - Social welfare facilities (welfare facilities for older persons): 59 square meters (change of location without any change of area) - Housing site 3 (Change of location): 1,692 square meters and 993.4 square meters (change of location): 4 (Change of location): 99 square meters; 1,667.8 square meters (change of location) in order to improve the

C. On May 1, 2014, in accordance with Article 12 of the Special Act on the Promotion of Urban Renewal (hereinafter “Urban Renewal Act”) and Article 10 of the Enforcement Decree of the Urban Renewal Act, the Mayor of Seoul Special Metropolitan City: (a) revised designation of the five urban renewal acceleration districts and revised designation of the urban renewal acceleration plan with the following contents and publicly notified the topographical map.

(hereinafter referred to as “instant public notice”) D.

The defendant was authorized by the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as the "management and disposition plan of this case") on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, and purport of the whole pleadings

2. The Defendant’s determination of the Defendant’s defense prior to the merits was made on August 26, 2016 that the instant religious site owned by the Plaintiff was expropriated as of August 26, 2016, and the Plaintiff lost its ownership as a member of the Defendant Union lost its membership.

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