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(영문) 서울행정법원 2019.11.07 2016구합77957
주민의견조사시행공고처분취소 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. Of the costs of lawsuit, the costs of the lawsuit are supported by each plaintiff’s supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff A Housing Redevelopment and Improvement Project Association (hereinafter “Plaintiff A”) is a cooperative established on August 11, 2010 in order to implement the Housing Redevelopment and Improvement Project by designating the 119,371m2 in Seongbuk-gu Seoul as a prospective project implementation zone (hereinafter “instant A Improvement Zone”); and the Intervenor A’s supplementary intervenor C owns land, etc. within the instant A Improvement Zone.

Plaintiff

B Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “Plaintiff B Association”) is a project implementation planning zone (hereinafter referred to as “instant B rearrangement zone”) with the size of 85,878 square meters in Seongbuk-gu Seoul Metropolitan Government G G G G, and the supplementary intervenor E owns land, etc. within the instant B rearrangement zone by the association established on December 4, 2008, the supplementary participant D of the Plaintiff B association (hereinafter referred to as “the supplementary participant D”) and the head of Seongbuk-gu Office (hereinafter referred to as the “head of the Defendant”).

B. Around May 2016, the Plaintiffs did not file an application for authorization to implement the project within four years from the date of authorization to establish the association, the owners of the land, etc. (referring to the owners of the land or buildings located within the rearrangement zone or persons with superficies thereof; hereinafter the same shall apply) of the instant A and B rearrangement zone requested the head of the Si/Gun/Gu to cancel the renewal zone pursuant to Article 4-3(4)2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 14567, Feb. 8, 2017; hereinafter the “former Act”), Article 4-3(3)4 of the former Seoul Special Metropolitan City Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Ordinance No. 6899, Jul. 19, 2018; hereinafter the “Ordinance”). At least 1/3 of the owners of the land, etc. of the instant A and B rearrangement zone, and the head of the Defendant head of the Gu requested the Si/Gu to cancel the renewal zone.

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