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(영문) 서울행정법원 2017.06.08 2016구합7392
직권해제등처분부작위에 대한 부작위위법확인청구
Text

All of the claims in this case shall be dismissed.

The defendant on June 30, 2016 to the plaintiff (Appointed Party) A.

Reasons

1. Basic facts

A. (1) Plaintiff A and Selection, G, H, I, and J (hereinafter “the Plaintiffs related to the instant zone”) are the owners of land, etc. within the D Housing Redevelopment Improvement Zone (hereinafter “D Area”) designated in Seongbuk-gu Seoul, Seoul, 20,657 square meters. (2) With respect to the instant zone, the Defendant designated and publicly announced the zone for D Housing Redevelopment Improvement (Seoul Metropolitan City Notice L), and on November 10, 201, the size of the said improvement zone is 18,486 square meters from 18,486 square meters to 20,657 square meters, and the designation of the zone for D Housing Redevelopment Improvement and the announcement of the approval of topographic drawings (M notification of Seoul Metropolitan Government) was made.

B. 1) Plaintiff B and Selection, N,O, P, and Q (hereinafter “the Plaintiffs related to the instant E zone”) are owners of land, etc. in the E-Financial Renewal Promotion Zone (hereinafter “instant E zone”) designated as 65,338 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. 2) The Defendant promoted a housing redevelopment project as indicated below in relation to the instant E zone, and designated the instant E zone as a rearrangement zone.

On October 19, 2006, the designation of the urban renewal acceleration district on January 7, 2008, the designation of the urban renewal acceleration district, the determination of the urban renewal acceleration plan and the preparation of topographic drawings on December 3, 2008 (T publicly notified by the head of Dongdaemun-gu Seoul Metropolitan Government on December 3, 2008, the public notification on the alteration of the designation of the urban renewal acceleration district on March 12, 2009 (U notification of Seoul Metropolitan Government) on October 21, 2010 on the public notification on the alteration of the designation of the urban renewal acceleration district (E zone).

C. On June 20, 2016, the Plaintiffs and the designated parties filed a civil petition and the Defendant’s answer 1) 13 persons, including the Plaintiffs and supplementary intervenors related to the instant zone and E zone B, are the Defendant on June 20, 2016, the instant zone and E zone are planned to be improved, and is amended by Seoul Special Metropolitan City Ordinance No. 6299, Jul. 14, 2016.

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