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(영문) 서울행정법원 2014.11.04 2014구합60320
사업시행계획인가취소
Text

1. The part concerning the claim for cancellation of the project implementation authorization disposition among the instant lawsuit shall be dismissed.

2. The plaintiffs' remaining claims.

Reasons

1. Details of the disposition;

A. On July 3, 2008, the Mayor of Seoul Special Metropolitan City publicly announced as H on July 3, 2008, designated and publicly announced as G-building reconstruction improvement zone of 39,497 square meters in Seoul Special Metropolitan City, and on October 28, 2010, J publicly announced as Seoul Special Metropolitan City, publicly announced as a new improvement zone of 48,362 square meters in increase of 8,865 square meters in comparison with the previous improvement zone.

B. The Intervenor joining the Defendant (hereinafter “instant association”) obtained authorization from the Defendant on February 24, 2009 to establish an association, and completed the establishment registration on March 3, 2009. The Plaintiffs are the owners of real estate located in the rearrangement zone and are the partners of the instant association.

C. On July 26, 2011, the Defendant issued the instant project implementation authorization (hereinafter “instant project implementation authorization disposition”) to the instant association, and added special conditions for project implementation authorization (hereinafter “the instant special conditions”) to the effect that “a consultation on the transfer issue of religious facilities (K and L bridge) is completed before filing an application for the approval of the management and disposal plan, and the result is shipped to the Defendant.” On August 1, 2011, the Defendant publicly announced the details thereof as a public announcement in Gwangjin-gu Seoul Special Metropolitan City, pursuant to Article 28(4) of the former Act on the Improvement of Urban and Residential Environments (Amended by Act No. 11293, Feb. 1, 2012); Article 9 of the Enforcement Rule of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

(1) The instant association filed a lawsuit claiming the performance of the procedure for ownership transfer registration against the Foundation that established and operates the L guard Association at the Seoul East Eastern District Court 201Gahap4603, Oct. 12, 2011. The instant association appealed from the Seoul High Court 201Na9079 on May 17, 201, but the appeal was dismissed on May 17, 2012, and the judgment of the first instance court became final and conclusive on June 8, 2012.

(2) The instant association is against the Foundation that establishes and operates the K Diplomatic Association, the K Diplomatic Association, the Seoul Labor Association, etc.

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