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(영문) 서울행정법원 2015.11.13 2015구합60495
주택재건축정비예정구역해제처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 19, 2006, pursuant to Article 5 of the Special Act on the Promotion of Urban Renewal (hereinafter referred to as the "Urban Renewal Promotion Act"), the Defendant designated the Songpa-gu Seoul E-gi-gu Seoul Metropolitan Government E-Ma 738,426 square meters as an urban renewal acceleration district (hereinafter referred to as the "instant urban renewal acceleration district").

On August 28, 2008, the Defendant formulated an urban renewal acceleration plan (see Article 9 of the Urban Renewal Promotion Act) with the public notice of Seoul Special Metropolitan City as to the urban renewal acceleration district in this case.

On May 6, 2011, pursuant to Article 5(1) of the Urban Renewal Promotion Act, the Defendant included the Seoul Song-gu Seoul High School C (hereinafter “Hsung”) in the urban renewal acceleration district in the instant urban renewal acceleration district.

The plaintiff is a person who owns real estate within the HP area.

On July 11, 2013, the head of Songpa-gu Seoul Metropolitan Government publicly announced that he/she shall hear the opinions of residents pursuant to Article 4-2 of the Seoul Metropolitan Government Ordinance on the Improvement of Urban and Residential Environments for the residents of Hsung District.

The main contents of the above notice shall be as follows:

The purpose: The period for hearing residents' opinions on the cancellation (Dissenting)/project implementation of the improvement zone: The period from July 11, 2013 to August 26, 2013; where the documents are supplemented as to the request for invalidation for 46 days from July 201, 2013 to August 26, 2013, the period for public announcement can be changed (Article 2 weeks delay). As a result, where the residents' opinions on the utilization plan require the cancellation (defluence) by at least 30% of the owners of the whole land, etc. as of the closing date for postal investigation as a result of the residents' opinions, the cancellation (suspension of the improvement zone, etc.) of the improvement zone is promoted pursuant to

After going through the procedure to hear the opinions of the residents, on September 2, 2013, 710 of the owners of the entire land, etc. in Hsung District were 979, and on September 2, 2013, the head of Songpa-gu Seoul Metropolitan Government made 309 of the “project promotion” list, 309 of the “project promotion” list, 284 of the “cancellation” list, 66 of the invalid list, and 51 of the duplicate list, are 29% of the cancellation list.

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