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(영문) 서울행정법원 2018.04.20 2017구합67988
정비구역지정고시 일부무효확인 등
Text

1. The plaintiff (Appointed)'s amendment of the basic plan against the defendant Seoul Special Metropolitan City Mayor shall be invalidated.

Reasons

Details of the disposition

Defendant B District Housing Reconstruction Project Association (hereinafter referred to as the “Defendant Association”) was established to promote a housing reconstruction project (hereinafter referred to as the “instant reconstruction project”) in Seocho-gu Seoul, Seocho-gu, and obtained authorization for the establishment from the head of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Seocho-gu”) on July 29, 2016.

The Defendant-gu Seoul Special Metropolitan City Mayor established a “G” which designates the FJ 136,00 square meters as a zone to be rearranged for the reconstruction of a detached house (hereinafter “instant zone to be rearranged”) and publicly announced as E on November 25, 2010.

(hereinafter “the initial announcement”). On November 15, 2013, the head of Seocho-gu announced owners of land, etc. within the instant zone scheduled to be rearranged to hold the resident presentation to formulate a rearrangement plan and designate an improvement zone in relation to the instant reconstruction project on November 28, 2013, and publicly announced “B Housing Reconstruction Improvement Plan and Designation of an improvement zone” on the same day.

The above improvement plan included the contents of the Seoul Seocho-gu Seoul Metropolitan Government H, I, J, K, L, M, N, and O in the proposed rearrangement zone.

(2) On February 17, 2015, the Seoul Special Metropolitan City published the Seoul Special Metropolitan City public notice on February 17, 2015, the Seoul Special Metropolitan City public notice on the following: (a) the head of the Seoul Special Metropolitan City determined the modification of the basic plan for urban and residential environment improvement, including the contents of reducing the project area by excluding the instant exclusion building in the basic plan for the initial public notice of the instant case; and (b) as a result, the head of the Seoul Special Metropolitan City publicly notified the modification of the basic plan, the designation of the improvement zone, the maintenance plan, and the topographic drawings (attached Form 2).

(hereinafter referred to as “instant public notice”). The head of the Seoul Special Metropolitan City is the same as the improvement plan of the instant public notice as D on March 19, 2015.

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