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(영문) 서울행정법원 2014.07.18 2013구합30186
수용재결취소거부 취소등
Text

1. Of the instant lawsuit, the primary claim against the Defendants and the part regarding Defendant B’s urban environment rearrangement project association as to the Defendants’ primary claim.

Reasons

1. Basic facts

A. On October 10, 2003, the Mayor of Jung-gu Seoul Special Metropolitan City designated and publicly announced as a B urban environmental improvement zone the area of urban environmental improvement (hereinafter “instant improvement zone”) of Jung-gu Seoul Special Metropolitan City D Japan 14,751.5 square meters (hereinafter “instant improvement zone”).

B. On December 2, 2004, Defendant B Urban Environment Rearrangement Project Association (hereinafter “Defendant B”) applied for authorization to establish an association to implement an urban environment rearrangement project (hereinafter “instant project”) in the instant rearrangement zone, and the head of the Jung-gu Office approved the establishment of the Defendant Association on December 16, 2004.

C. On December 23, 2005, the Defendant Union obtained authorization for the implementation plan of the project of this case from the head of Jung-gu Seoul Special Metropolitan City on the implementation plan of the project of this case on January 5, 2007 (hereinafter “previous project implementation plan”). D.

The Plaintiff (designated parties, hereinafter referred to as the “Plaintiffs”) and the designated parties (hereinafter referred to as the “Plaintiffs” in combination with the Plaintiff) were automatically joined as the members of the Defendant Union under Article 19(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant Union failed to apply for the parcelling-out by February 9, 2007, the period for the application for parcelling-out as notified by the Plaintiff Union, thereby losing its membership. The Defendant Union failed to reach a cash settlement consultation with the Plaintiffs and applied for the adjudication of expropriation of the land, etc. owned by the Plaintiffs pursuant to Article 38 of the Urban Improvement Act.

On October 12, 2007, Defendant local Land Tribunal of Seoul Special Metropolitan City (hereinafter “Defendant Committee”) rendered a ruling of expropriation on the land owned by the Plaintiffs.

E. On February 27, 2007, the Defendant Union held a general meeting of the management and disposition plan and passed a resolution on the approval of the plan, etc., and on June 22, 2007, obtained authorization of the management and disposition plan from the head of the Jung-gu Seoul Metropolitan Government (hereinafter “previous management and disposition

F. The Defendant Union on May 10, 2012

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