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(영문) 서울행정법원 2019.10.10 2019구합1425
행정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On July 12, 2007, the Mayor of Seongdong-gu Seoul Metropolitan Government designated one of Seongdong-gu Seoul Metropolitan Government as B-Housing Redevelopment Improvement Zone (hereinafter referred to as “instant rearrangement zone”).

The Plaintiff is the owner of the land in the instant improvement zone.

On August 19, 2016, the Plaintiff submitted to Seoul Special Metropolitan City a written request for cancellation of the instant improvement zone, accompanied by 138 owners of land, etc. in the instant improvement zone’s written consent for cancellation.

Upon receipt and review of the above documents from Seoul Special Metropolitan City on September 12, 2016, the Defendant rejected the Plaintiff’s request on the following grounds: “The Plaintiff’s request shall not be met at least 1/3 of the owners of land, etc. under Article 4-3 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 4-3 subparag.

(hereinafter “First Return Disposition”). - Results of review: 368 owners of land, etc. submitted 138 written consent of cancellation (at least 123 persons satisfaction conditions): Results of review: less than 1/3 of the owners of land, etc. (at least 119 persons from among 138 persons who have invested in written consent) - the Plaintiff, on April 28, 2017, including the preparation of written consent from 127 owners of land, etc. again, submitted to the Defendant a “written request for cancellation of the instant rearrangement zone” with the consent of 127 owners of land, etc. on the ground that at least 1/3 of the owners of land, etc. were not satisfied (at least 123 persons from among 138 persons who have invested in written consent): Results of review, the Plaintiff returned the said written request to the owners of land, etc. (at least 127 persons from among the owners of land, etc. of land, etc.) - 127 persons from among the owners of land, etc. (hereinafter “2nd return”).

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