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(영문) 서울행정법원 2018.07.13 2017구합73143
오류시장정비사업추진계획승인 등 무효확인
Text

1. It confirms that the Defendant’s approval disposition of the Korea-A market improvement project promotion plan is invalid on February 23, 2017.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. On December 24, 2015, the Guro-gu Seoul Metropolitan Government Committee for Promotion of the Establishment of the A market improvement project (hereinafter “instant promotion committee”) organized to establish an association for the implementation of the market improvement project (hereinafter “instant improvement project”) within the Guro-gu Seoul Metropolitan Government H Market Group (hereinafter “instant improvement zone”) was subject to approval by the head of Guro-gu Seoul Metropolitan Government (hereinafter “the head of Guro-gu”).

B. On January 18, 2016, the instant promotion committee filed an application for recommendation on the approval of the A market improvement project promotion plan (hereinafter “instant promotion plan”) with the head of the Dong-gu Office for the Defendant’s Intervenor, and the head of Guro-gu for the Defendant’s Intervenor filed an application for the approval of the instant promotion plan with the Defendant after conducting the public inspection announcement from April 15, 2016 to May 18, 2016, respectively. The Defendant approved the instant promotion plan on February 23, 2017.

(hereinafter referred to as “instant approval disposition”). C.

On June 21, 2017, the instant promotion committee was established with the approval of establishment from the head of the Gu as the Intervenor joining the Defendant, and all rights and obligations were comprehensively taken over. D.

The Plaintiffs are owners and persons with superficies of land or buildings in the instant improvement zone (hereinafter referred to as “owners of land, etc.”)

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1, Eul evidence 5-1, Eul evidence 5-1, the purport of the whole pleadings

2. Judgment on the defense prior to the merits of the Defendant’s Intervenor Union

A. The instant promotion committee held an inaugural general meeting on May 15, 2017 and approved the project plan. On August 4, 2017, the Intervenor’s Intervenor’s Intervenor’s association held an extraordinary general meeting and approved the budget bill for maintenance and improvement projects, respectively.

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