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(영문) 서울행정법원 2018.06.29 2017구합88862
사업시행계획 무효확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) by setting the Seongbuk-gu Seoul Seongbuk-gu Seoul JJ 107,165 square meters as a rearrangement zone (hereinafter “instant improvement zone”), and was authorized to establish an association by the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “head of Seongbuk-gu”) on April 29, 2010, and the Plaintiffs are the owners of land, etc. in the instant improvement zone.

B. On November 2, 2012, the Defendant prepared a project implementation plan to build multi-family housing and ancillary welfare facilities with a total number of households of 2,029 households in the instant rearrangement zone and obtained approval for the project implementation plan from the head of Seongbuk-gu on November 26, 2013.

(hereinafter referred to as the "project implementation plan of this case") shall be the project implementation plan authorized by the head of Seongbuk-gu.

The details of the resident relocation measures in the project implementation plan of this case and the part concerning the relocation expenses among the resident relocation guide distributed by the defendant to the members of the application for parcelling-out shall be as shown in attached Form 1 through 3.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiffs of the defendant's assertion were classified as persons eligible for cash settlement because they did not apply for parcelling-out within the period of application for parcelling-out, and the plaintiffs lost their ownership of each real estate according to an expropriation ruling.

Therefore, there is no legal interest to dispute the invalidity of the project implementation plan of this case.

(b) If there is a defect of invalidity automatically in the project implementation plan for the housing redevelopment project, the redevelopment project partnership shall establish a new project implementation plan, obtain approval from the competent authority, and establish a management and disposal plan again after obtaining application for parcelling-out from the competent authority.

Therefore, the application for parcelling-out is not made or the application for parcelling-out is withdrawn.

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