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(영문) 서울행정법원 2014.04.17 2013구합56287
정비구역지정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On January 11, 2007, the Defendant publicly announced the modification of the Seoul Special Metropolitan City’s Urban and Residential Environment Improvement Master Plan as F, which was the Seoul Special Metropolitan City public notice, designated G G G 10.4 square meters as a housing redevelopment zone. On November 1, 2007, the Defendant designated G G G 101,372 square meters as a housing redevelopment zone and designated G G G 28,250 square meters as a housing redevelopment zone as a Class J, K G 73,122.7 square meters (hereinafter “instant rearrangement zone”); and the redevelopment project for the improvement zone in this case was designated as a redevelopment zone in installments as D.

B. On December 18, 2007, the Promotion Committee for the Establishment of Housing Redevelopment Project Cooperatives in the D Zone applied for authorization to establish a partnership with the head of Gwanak-gu in Seoul Special Metropolitan City (hereinafter “the head of Gwanak-gu”) with the consent of the owners of the land, etc. as the project zone. On February 1, 2008, the head of Gwanak-gu in Seoul Special Metropolitan City approved the establishment of the Defendant’s assistant intervenor on the ground that 548 consent (80.11%) from among 684 owners of land, etc. on February

C. On October 2, 2008, the Defendant changed the area of the instant improvement zone to 80,421.7 square meters (7,299 square meters) by L, a public notice of Seoul Special Metropolitan City, and designated it. D.

Accordingly, the Defendant’s assistant intervenor sought new consent to establish an association on April 30, 2009 against all the owners of land, etc. in the expanded project zone including the instant rearrangement zone, and applied for the authorization for the change of the association on April 30, 2009. On July 21, 2009, the head of Gwanak-gu recognized the establishment change of the Defendant on the ground that he obtained 580 consent from 760 owners of land, etc. (76.31% consent)

The term "design outline of a new building" and "estimated estimate of the cost of removal and new construction of a building" in the written consent form as follows:

A total of 1,238 households (sale 1,027, lease 211), and total of 1,238 square meters of apartment buildings (sale 1,027, lease 211), including a total of 80,421.7 square meters of the total floor area of the building site (public supplementary supplementary area) for a new building.

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