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(영문) 서울행정법원 2020.09.08 2019구합86198
사업시행계획 일부취소
Text

1. The Plaintiffs in the project implementation plan approved by the head of Yeongdeungpo-gu Seoul Metropolitan Government on November 1, 2019.

Reasons

1. Details of the disposition;

A. On February 8, 2017, the Defendant is a street housing maintenance project association which has obtained authorization to establish a street housing rearrangement project (hereinafter referred to as “instant rearrangement project”) from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Yeongdeungpo-gu”) in order to implement a street housing rearrangement project (hereinafter referred to as “instant rearrangement project”) whose project area covers H Il-gu Seoul, Yeongdeungpo-gu, Seoul (hereinafter referred to as “instant project area”).

The Plaintiffs are owners of land, etc. who own land or buildings within the instant business zone, and are members of the Defendant who agreed to establish an association.

B. On November 1, 2018, the Defendant was subject to conditional deliberation by the Seoul Special Metropolitan City Building Committee on the building, etc. under the instant rearrangement project (hereinafter “instant Building Committee deliberation”).

C. On February 14, 2019, the Defendant issued a public notice for the period of application for parcelling-out to the members from February 15, 2019 to March 17, 2019, and the Plaintiffs filed an application for multi-family housing with the Defendant within the said period.

On May 28, 2019, the Defendant held an extraordinary general meeting on May 28, 2019 and resolved a project implementation plan containing a management and disposal plan in which the plaintiffs are eligible for multi-family housing buyers, and accordingly, applied for approval of a project implementation plan to the head of Yeongdeungpo-gu Office on June 3

E. On August 16, 2019, the head of Yeongdeungpo-gu requested the Defendant to supplement the project implementation plan while under Article 31 of the Enforcement Decree of the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing, and Article 37 of the Seoul Metropolitan Government Ordinance on the Maintenance of Abandoned Houses and Small-Scale Housing.

F. On September 25, 2019, the Defendant held an extraordinary general meeting and resolved to supplement a project implementation plan by changing a management and disposal plan to classify the Plaintiffs as cash clearing, excluding the Plaintiffs from multi-family housing buyers.

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