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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. On November 29, 2007, the head of the Defendant Seoul Metropolitan Government (hereinafter “instant improvement zone”) designated the Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government B Ilbu 62,696 square meters (hereinafter “instant improvement zone”) as a ABB promotion zone and publicly announced it.
B. On September 5, 2008, the Establishment Promotion Committee for the purpose of establishing an association (ABAF housing redevelopment and rearrangement project; hereinafter “instant association”) with the approval of 379 persons (75.95%) from among the owners of the land, etc. at the inaugural general meeting on September 5, 2008. On September 11, 2009, the establishment of the instant association was approved by the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the head of Yeongdeungpo-gu”). The approval was granted from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the head of Yeongdeungpo-gu”).
C. A total of 500 owners of land in the instant improvement zone was modified after the first authorization for establishment was granted.
Article 4-3(4)2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) alleging that the number of 1/3 (16.6) or more of 176 persons shall be at least 1/3 (16.6) may revoke the designation of a rearrangement zone, etc. following deliberation by the local urban planning committee in any of the following cases:
In such cases, matters necessary for the detailed standards, etc. under subparagraphs 1 and 2 shall be prescribed by City/Do Ordinance.
2. Article 4-3 of the former Ordinance on the Improvement of Urban Areas and Residential Environments (wholly amended by Seoul Special Metropolitan City Ordinance No. 6899, Jul. 19, 2018; hereinafter “former Seoul Metropolitan City Ordinance on the Improvement of Urban Areas”) where it is deemed that the purpose of designation cannot be achieved in light of the progress of the zone scheduled to be rearranged or the improvement zone.