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(영문) 서울고등법원 2017.08.18 2016나2086051
조합장지위부존재확인청구
Text

1. The part against the plaintiff A in the judgment of the court of first instance shall be revoked, and the lawsuit against the plaintiff shall be dismissed;

2. The defendant's plaintiff B.

Reasons

1. Basic facts

A. On June 30, 200, pursuant to Article 12 of the former Urban Planning Act (amended by Act No. 6243, Jan. 28, 2000; hereinafter the same) and Article 6 of the former Enforcement Decree of the Urban Planning Act (amended by Presidential Decree No. 16891, Jul. 1, 2000; hereinafter the same), the Mayor of the Seoul Special Metropolitan City determined the name of the administrative district of Gangdong-gu (G Dong, January 1, 2007; hereinafter referred to as the “former land”) as an off-road parking lot with 11,876 square meters of land, including G Dong-dong 6,969 square meters (hereinafter referred to as the “the previous land”), the head of the Seoul Special Metropolitan City shall designate the land as an urban planning facility and publicly notify the land as a residential area of Gangdong-gu, Seoul Special Metropolitan City as the relocation measures for residents living in the previous land.

B. Meanwhile, the instant project site was located within a development-restricted zone, but the head of Gangdong-gu Seoul Metropolitan Government (hereinafter “Gangdong head”) permitted the alteration of the form and quality of land in a development-restricted zone pursuant to Article 21 of the former Urban Planning Act, Article 20(1)2 of the Enforcement Decree of the same Act, and Article 8(1)28 of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Construction and Transportation No. 245 of July 4, 2000; hereinafter the same) in order to create a group of housing in the instant project site on June 30, 200.

C. In order to implement a group of housing site development projects (hereinafter “instant project”), which are urban planning projects in the instant project site, the Defendant was designated as the association of a group of housing site development projects consisting of 68 generations who owned the instant previous land and its ground buildings, and was approved by the head of Gangdong-gu Office on May 23, 2001 and designated as the implementer of the instant project.

1. Name of an urban development zone: G urban development zone;

2. Location and area of an urban development zone: Gangdong-gu Seoul Metropolitan Government Lil-Ba 912,00 square meters;

3. The purpose of designating any urban development zone: Any underdeveloped;

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