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(영문) 서울행정법원 2018.03.30 2017구합56889
도시개발구역지정 및 개발계획고시등 무효 청구의 소
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

On August 2, 2012, the Defendant publicly announced the method of “AT Urban Development Zone” to promote an urban development project on the Gangnam-gu Seoul AU Japan 286,929 square meters, and publicly announced the method of “admitting a part of the replotting method (which shall be, in principle, public development, use and profit-making, but which shall not be divided into a zone)” as the method of implementing the project.

(hereinafter “former Public Notice”). After the occurrence of various suspicions in relation to the previous Public Notice, the Board of Audit and Inspection conducted an audit upon the request of the defendant, the head of Gangnam-gu Seoul Metropolitan Government, and other residents for individual public interest audits from December 2, 2013 to February 28, 2014.

On August 4, 2014, the Defendant publicly announced that the designation of an urban development zone was cancelled pursuant to Article 10 (2) 2 of the Urban Development Act on the day following the second anniversary of the designation and announcement of an urban development zone, if the development plan is not formulated and publicly announced within two years from the date of designation and announcement of the urban development zone.

On November 9, 2014, after the designation of an urban development zone for AT was cancelled, safety problems of residents have emerged as large-scale fire occurred, and the defendant decided to implement an urban development project for AT through public development with 10% of expropriation and use as proposed by the head of Gangnam-gu Office on December 18, 2014.

The head of Gangnam-gu Office shall start on May 15, 2015

5. By the end of 29.2, related agencies, local residents, and interested parties have made public perusal of the draft development plan, etc. for the designation and development plan of AT urban development zone by the method of public announcement posted on the Gu website, the Gu website, and the AT Situation room. As a result of gathering residents’ opinions, the “an opinion opposing public development and compulsory expropriation and demanding private development and undivided mixed method” in principle shall be reflected.

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