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(영문) 서울고등법원 2020.04.24 2019누60778
건축위원회 심의신청 반려처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

Details of the disposition

The Plaintiff’s submission of the Plaintiff’s business plan and modification of the district unit planning of the Mayor of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant site”) are a house that is supplied as a rental house based on the Special Act on Public Housing and Special Act on Private Rental Housing, etc. in the sphere of public transport-based station area to promote the stability of young people’s housing, a house with 2030 square meters in the station area of “the station area of 2030 square meters” under the former Seoul Metropolitan Government Ordinance on Support for the Supply of Residential Housing (amended by Seoul Metropolitan Government Ordinance No. 6899, Jul. 19, 2018; hereinafter “instant Ordinance”).

The Seoul Special Metropolitan City enacted the Ordinance of this case on July 14, 2016 to promote the supply of youth houses.

B. A business plan concerning the instant project was submitted to the Mayor of Seoul Special Metropolitan City on June 21, 2017, to operate the instant project (hereinafter referred to as “instant project”).

The instant site is a quasi-residential area, and is located within the “E district unit planning zone” located in the Seoul Dongdaemun-gu Seoul Metropolitan Government Land and D Land Zone, and the said project plan submitted by the Plaintiff included a proposal to modify the said “E district unit planning”.

On August 23, 2017, the Mayor of Seoul Special Metropolitan City (hereinafter referred to as the “Seoul Metropolitan City Joint Committee”) deliberated by the Joint Committee for Urban Construction (hereinafter referred to as the “Joint Committee”) on August 13, 2017, pursuant to Article 30 of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”), published a decision on modification of the urban management plan (E district unit planning), and its topographic drawings (hereinafter referred to as the “instant notice”).

The public notice of this case is a district unit planning zone, specific use zone, urban infrastructure, block, building site, and building within the E-unit planning zone.

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