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(영문) 서울행정법원 2019.09.06 2018구합88074
관리처분계획취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 25, 2010, the Mayor of Seocho-gu Seoul Metropolitan Government: (a) formulated the Seocho-gu Seoul Metropolitan Government Master Plan for Urban and Residential Environment Improvement (hereinafter “the instant Master Plan”) that designates the area as the area to be rearranged for the reconstruction of a detached house; (b) on November 25, 2010, the Seoul Metropolitan Government announced it as the Seoul Metropolitan Government Public Notification D on November 25, 2010.

B. On February 17, 2015, the Seoul Special Metropolitan City Mayor amended the instant master plan to exclude some excellent buildings (business facilities and neighborhood living facilities) and reduce the project area, etc., and designated the Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government 129,850 square meters as a housing reconstruction improvement zone (hereinafter “instant improvement zone”) as a housing reconstruction improvement zone, and publicly announced the improvement plan and topographic drawings, etc.

On March 19, 2015, the Mayor of Seoul Special Metropolitan City amended the improvement plan and publicly announced that two new sites were added to a new lawsuit omitted from the original urban planning facility decision (revision) report to the Seoul Special Metropolitan City public noticeF.

(hereinafter referred to as “instant disposition for designation” (hereinafter referred to as “instant disposition for designation”).

The Defendant is the head of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Seocho-gu”) for the purpose of implementing the housing reconstruction improvement project (hereinafter referred to as the “instant improvement project”) in the instant improvement zone, and is the housing reconstruction and improvement project partnership that obtained authorization on July 29, 2016 from the head of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Seocho-gu”) and the project implementation authorization on September 7, 2017, respectively, and the Plaintiff is the co-owner of the “Htel building” on the ground of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “instant officetel”).

The defendant's management and disposition plan (hereinafter referred to as "management and disposition plan of this case") from the head of Seocho-gu on September 3, 2018.

The management and disposal plan of this case is classified as the subject of cash settlement by the plaintiff.

(e).

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