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(영문) 서울행정법원 2016.09.23 2015구합81379
사업시행인가처분 무효확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. The Mayor of Dongdaemun-gu Seoul Metropolitan Government, on June 21, 2007, designated the Seoul Dongdaemun-gu 2507-201 square meters as a housing redevelopment improvement zone (hereinafter “instant improvement zone”), and publicly announced the improvement plan for the instant improvement zone (hereinafter “instant improvement plan”).

B. The Plaintiff is the owner of land, etc. who owns church buildings within the instant rearrangement zone.

C. The Defendant Union is a housing redevelopment and rearrangement project association established on September 23, 2013 after obtaining authorization to establish a housing redevelopment and rearrangement project within the instant rearrangement zone with the aim of implementing the housing redevelopment and rearrangement project.

On June 3, 2015, the Defendant Union established a project implementation plan (hereinafter referred to as “instant project implementation plan”) following the resolution of the general meeting.

E. The Defendant head of the Gu approved the instant project implementation plan on September 10, 2015.

(hereinafter “instant project implementation authorization”). 2. Whether the instant project implementation plan and project implementation authorization are lawful

A. On March 21, 2007, the Seoul Special Metropolitan City Joint Committee on Urban and Building revised the improvement plan on the condition that the religious site in the improvement zone of this case should be transferred to the Northwest-dong west of the improvement zone of this case prior to the public notice of the improvement plan of this case.

Accordingly, the Defendant Cooperative is merely 25 meters away from the location of the religious site to be transferred to the northwestwest-west side to the Defendant Intersection, and thus, traffic congestion is anticipated. On the basis of the false fact that the Plaintiff is strongly demanded to place the religious site on the south side so that the park and the religious site adjoin, and the head of the Gu sent this opinion to the Seoul Special Metropolitan City Mayor. The Seoul Special Metropolitan City Mayor sent the religious site to the south side of the instant improvement zone after deliberation by the Urban and Building Joint Committee.

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