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(영문) 서울행정법원 2014.02.28 2013구합21885
사업시행인가무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Intervenor is a housing redevelopment project partnership established to implement the housing redevelopment project in Mapo-gu Seoul Metropolitan Government (hereinafter “instant project zone”), and the Plaintiff (hereinafter “Plaintiff”) and the Appointed owned the land, etc. located within the instant project zone.

B. On November 29, 2006, the Committee for Promotion of the Establishment of B Housing Redevelopment and Rearrangement Project Association (hereinafter “instant Promotion Committee”) which is a telegraph of the Intervenor was urged from the owner of land, etc. located within the instant project zone to give consent to establish the association, and was subject to a disposition to authorize the establishment of the association (hereinafter “instant approval disposition”).

C. On September 3, 2007, the Intervenor formulated a project implementation plan under the premise that the instant authorization disposition is valid, and received an authorization to implement the project (hereinafter “instant disposition”) from the Defendant. After formulating a management and disposal plan, the Intervenor obtained the authorization to implement the management and disposal plan on June 5, 2008, and obtained the authorization to alter the management and disposal plan on April 1, 2010.

Plaintiff

On October 30, 2009, the Intervenor filed a lawsuit against the Defendant disputing the validity of the instant authorization for establishment. On May 31, 2010, the Intervenor re-written consent for the establishment of the association from the owner of the land, etc. located within the instant project zone, and obtained the authorization for the establishment of the association from the Defendant on May 31, 2010 (hereinafter “instant authorization for establishment”).

E. Meanwhile, on the other hand, on July 22, 2010, the Seoul Administrative Court rendered a judgment dismissing the lawsuit as Seoul Administrative Court 2009Guhap46146 on July 22, 2010.

Accordingly, the appeal filed by the plaintiff et al. on June 30, 201, the Seoul High Court Decision 2010Nu27761 was revoked and the judgment accepting the claim of the plaintiff et al. was rendered. Although the defendant et al. filed an appeal, the appeal was dismissed by Supreme Court Decision 201Du19680 on December 27, 2012.

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