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(영문) 서울행정법원 2015.06.19 2014구합65387
사업시행인가조건취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter “the Intervenor”) confirmed the impact on kindergartens, elementary schools, middle schools, etc. located within the said district from around 2010 as a result of the reconstruction project of the open housing site development zone, and followed procedures such as consultation with the Seoul Special Metropolitan City, the Defendant, and the relevant statutes.

B. In addition, on April 2014, the Intervenor discussed the cost-bearing related to the reconstruction or establishment of elementary schools, etc. in each reconstruction association, including the Plaintiff, etc., and in each district due to reconstruction, and prepared a “written provisional agreement on matters, such as the sharing of expenses for the establishment of new and reconstruction schools in accordance with the reconstruction district,” as shown in the attached Table, but did not reach an agreement.

C. On April 17, 2014, the Plaintiff sent a public notice to the Defendant stating that “as regards the assertion that the Intervenor would end up to agree on the contributions to school facilities of five new complexes prior to the authorization for the implementation of the project, it is difficult for the Intervenor to reach an agreement without consultation, such as the difference in the speed of the reconstruction project by each complex, the objective verification of the materials to be presented in the future, and it is deemed difficult for the Intervenor to reach an agreement without consultation, and the Plaintiff would be able to obtain the authorization for the implementation of the project on the grounds of the following-mentioned measure plan.”

All expenses incurred in newly building, renovation, etc. of an elementary school for the consultation plan for the Gangnam District Office of Education where the expenses incurred in installing school facilities shall be borne by the project implementer; and when implementing the project, one complex project implementer shall consult with the project implementer for implementation of the plan.

b. At the time of authorization for the implementation of the project for the 1st project for the open-type complex, all expenses incurred in the reconstruction, etc. of the middle school will be borne by the development project operator under the current law, and the project operator at the time of authorization for the implementation of the project shall be 1,3,4 complex and

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