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(영문) 서울행정법원 2017.12.22 2017구합64781
보조금지급 거부처분취소
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. The Plaintiff is an association that is implementing an urban environment rearrangement project in the Yeongdeungpo-gu Seoul Metropolitan Government Jungpo-dong 7, Yeongdeungpo-gu (Yanpo-4; hereinafter “instant zone”) with authorization to establish an association on July 11, 2006, within 145-8 Ilpo-dong, Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter “instant zone”).

On November 18, 2003, the head of Defendant Seoul Special Metropolitan City (Public Notice 2003-372 of Seoul Special Metropolitan City), respectively, designated the said zone as a new town project district (Public Notice 2003-372 of the Seoul Special Metropolitan City), and on December 22, 2005, he determined the urban renewal acceleration plan on January 21, 2010, while designating it as the urban renewal acceleration district.

(Public Notice of Seoul Special Metropolitan City No. 2010-18). The plaintiff was authorized to implement the urban environment rearrangement project on February 10, 201 and was conducted after receiving authorization for the implementation of the project on December 31, 2012.

On January 3, 2013, Defendant Seoul Special Metropolitan City Mayor changed designation of an urban renewal acceleration district and changed designation of an urban renewal acceleration district.

(Public Notice of Seoul Special Metropolitan City No. 2012-371). (b)

On February 2017, the Plaintiff filed an application with the Defendants for support for installation costs of infrastructure, which falls under Article 29 of the Special Act on the Promotion of Urban Renewal (hereinafter “Urban Renewal Act”) and Article 32 of the Enforcement Decree of the same Act.

On March 2, 2017, Defendant Seoul Special Metropolitan City Mayor sent a reply that “infrastructure installation costs shall be borne by an urban renewal acceleration project implementer in accordance with the cost-sharing plan of the urban renewal acceleration plan pursuant to Article 11(1) of the Urban Renewal Act.”

In addition, on May 1, 2017, the head of Yeongdeungpo-gu sent that “the promotion plan was already formulated and determined so that the project implementer (Plaintiff) bears the burden of installing infrastructure, and based on this, the Plaintiff formulated a project implementation plan and respondeded that all the procedures following the implementation of the rearrangement project have been implemented until now (the scheduled completion date August 2017).”

(A) The fact that there is no dispute over the Defendant’s respective replies (hereinafter “each reply of this case”).

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