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(영문) 의정부지방법원 2016.07.05 2015구합955
사업시행변경인가처분취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of litigation shall include parts resulting from the participation.

Reasons

1. Details of the disposition;

A. The supplementary intervenor is a housing redevelopment and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which obtained approval to establish an association from the defendant on August 10, 2007, in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with a housing redevelopment and rearrangement project district of 31,650 square meters in Guri-si, Guri-si, the supplementary intervenor is a land owner within the said housing redevelopment and rearrangement zone.

B. On November 14, 2005, the Committee for Promotion of the Establishment of the Intervenors’ Partnership requested the Defendant to designate and improve the rearrangement zone on December 23, 2005, after obtaining approval for the establishment from the Defendant. Upon applying for designation, etc. of the rearrangement zone, the Defendant applied for designation, etc. of the Gyeonggi-do Governor, the Gyeonggi-do Governor, and the Gyeonggi-do Governor on May 28, 2007, the Gyeonggi-do Governor designated the 31,650 square meters of the KRW 31,650 (hereinafter “instant project zone”).

C. On August 31, 2007, the supplementary intervenor obtained project implementation authorization from the Defendant on February 11, 2008, with respect to the project implementation plan, which contains the total floor area of 74,723.87m2, building-to-land ratio of 16.06m2, floor area ratio of 225.90m2, total floor area ratio of 488 generation, total project cost of 127,820,000,000, etc.

On April 7, 2010, the supplementary intervenor held a general meeting on April 7, 2010, and decided to apply for approval of the project implementation plan to change the total floor area into 76,193.38 square meters, building-to-land ratio to 15.30%, floor area ratio to 229.52%, the number of households to 229.2%, to 512 households on the ground, to 101,574,000,000 won, and to apply for approval of the project implementation plan on April 23, 2010. The Defendant approved this on May 31, 2010.

E. On October 15, 2012, the auxiliary intervenor filed an application for change of the rearrangement plan and notified the Defendant of the improvement plan that changed the number of household units to 639, which was publicly notified E in the Gu-ri Si, on December 14, 2012. The content of the improvement plan is 18% of the building-to-land ratio, 236.33% of the floor area ratio, and the highest number of floors.

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