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(영문) 서울행정법원 2015.07.03 2014구합74954
사업시행계획인가처분무효
Text

1. The plaintiffs' lawsuit against the head of Mapo-gu Seoul Metropolitan Government shall be dismissed.

2. Defendant.

Reasons

1. Basic facts

A. On April 6, 2006, the Mayor of Mapo-gu Seoul Metropolitan Government designated the size of 64,452.96 square meters as a housing redevelopment improvement project zone (hereinafter “instant improvement project zone”) and publicly announced the redevelopment project zone.

B. The Plaintiffs are the owners of land or buildings within the instant rearrangement project zone. 2) Defendant A District Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”) obtained authorization from the head of Mapo-gu on November 29, 2006 to establish an association for the purpose of promoting housing redevelopment projects (hereinafter “instant project”) within the instant rearrangement project zone pursuant to Article 16(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 21, 2007; hereinafter “Urban and Residential Environment Improvement Act”).

C. On September 3, 2007, the Defendant Association was authorized by the head of Mapo-gu Office to implement a housing redevelopment project implementation plan (hereinafter “the first project implementation plan”) with the content that “48 months from the authorization date for the implementation of the project” as “48 months from the authorization date for the implementation of the project,” and the head of Mapo-gu publicly announced it as C public notice of Mapo-gu Seoul Metropolitan Government

On January 13, 2009, the Defendant Union obtained a modified approval for the project implementation plan to change the total floor area, height, etc. of buildings (hereinafter “the second project implementation plan”) according to the modification of the method of calculating the number of stories below the decimal point in the construction outline by supplementing the construction plan from the head of Mapo-gu Office, and the head of Mapo-gu announced it as D public notification of the Mapo-gu Seoul Metropolitan Government on January 15, 2009.

In the second project implementation plan, it is stated that the period of implementation of the rearrangement project is 48 months from the date of authorization for project implementation.

E. On January 25, 2010, the Defendant Union changed part of the size of the rearrangement project zone from the head of Mapo-gu, and changed the address of the Defendant Union.

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