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(영문) 서울행정법원 2020.08.21 2019구합83571
정비계획 변경결정 무효확인
Text

All of the plaintiffs' claims are dismissed.

All costs of lawsuit including costs incurred by participation.

Reasons

1. Basic facts

A. Status of the parties, etc. 1) Intervenor joining the Intervenor (hereinafter “ Intervenor Union”)

A) The Seocho-gu Seoul Metropolitan E Housing Reconstruction Project Association is established for the purpose of implementing the housing reconstruction improvement project by designating the Seocho-gu Seoul Metropolitan Government E Group as the project area. 2) The land located within the said project area, Seocho-gu Seoul Metropolitan Government F and G (hereinafter collectively referred to as the “instant land”) include H apartment (I apartment J-dong and K-dong; hereinafter referred to as the “instant apartment”) as shown in attached Form 2 (hereinafter referred to as the “instant commercial building”).

The Plaintiffs, as co-owner of the instant apartment, shared the instant apartment, M& and the instant land as the owner of the instant commercial building.

B. 1) The apartment complex development master plan of this case and the commercial building of this case are established under the former Urban Planning Act (amended by Act No. 2988, Dec. 31, 1976; hereinafter “former Urban Planning Act”) on August 21, 1976.

Article 18 of the former Enforcement Decree of the Urban Planning Act (amended by Presidential Decree No. 8732, Oct. 31, 197) and Article 16 of the former Enforcement Decree of the Urban Planning Act (amended by Presidential Decree No. 8732, Oct. 31, 197) were designated and announced as an apartment district (No. 131 of the Construction Division’s notification). After formulating a master plan for the development of the C District and obtaining approval from the Construction Division on March 29, 1977, the Seoul Special Metropolitan City Mayor published Nro on March 31, 2003, the Seoul Special Metropolitan City Mayor’s notification Nro, Dec. 27, 2004, and the C District Development Master Plan (hereinafter “instant master development plan”) as P on December 13, 2012, respectively.

3) The C District based on the instant development plan consists of four main districts, including Q-R, and four main districts, among the instant land, Dju-gu (hereinafter “Dju-gu”).

C. The Intervenor Union’s establishment of the Intervenor Union falls under the category of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) on January 5, 2016

From the defendant under Article 16.

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