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(영문) 서울고등법원 2017.07.21 2014누58473
수용재결취소등
Text

1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The costs of appeal shall be those resulting from the participation in the appeal;

Reasons

1. Facts of recognition;

A. The Mayor of Seoul Special Metropolitan City on July 13, 2006 and June 21, 2007, the designation of the rearrangement zone and the designation of the rearrangement zone modification 1) the Mayor of Seoul Special Metropolitan City on July 13, 2006 (hereinafter “Urban Improvement Act”) shall be the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions

(2) On June 21, 2007, the Seoul Metropolitan Government Mayor designated and publicly announced the aggregate of 64,357 square meters of the land size of Kdongwon, including Seoul Mapo-gu land, as a rearrangement zone to implement a housing redevelopment project. (2) On June 21, 2007, the Seoul Metropolitan Government Mayor designated and publicly announced the redevelopment project (hereinafter “instant project zone”) as an improvement zone to implement a housing redevelopment project (hereinafter “instant housing redevelopment project”).

B. On November 29, 2006, the promotion committee for the housing redevelopment project of this case was approved by 699 persons from among 863 owners of the land, etc. located in the project area around 2006, excluding 7 persons whose location is not verified from 870 owners of the land, etc. located in the project area of this case (as of December 21, 2007, 69 persons/863 =80.99%) with consent to establish an association (as of December 21, 2007, 4/5 or more of the owners of the land, etc., which is the requirement for the establishment of an association under Article 16(1) of the former Urban Improvement Act (amended by Act No. 87

The head of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Mapo-gu").

2) At the time of filing an application for authorization to establish an association with the owner of a plot of land, etc. who submitted written consent to establish an association at the time, 62 of 69, among the owners of the plot of land, etc., prepared and submitted written consent to establish an association under the state that a total sum of expenses incurred in the removal and new construction of a building to be constructed under the instant housing redevelopment project is vacant, and 5 of the owners of the plot of land, etc. prepared and submitted written consent to establish an association under the state that the

3) The president of Mapo-gu authorized the establishment of the association on November 29, 2006. 4) The promotion committee for the housing redevelopment project of this case.

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