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(영문) 서울행정법원 2017.03.10 2016구합60324
도시관리계획(용도지역)변경결정무효확인등 청구의 소
Text

1. Of the instant lawsuits, the Defendant’s refusal to modify an urban management plan (specific-use area) against the Plaintiff on May 11, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that was established on September 18, 1975 and runs the sales business of glass and the business of supplying windows, etc.

B. On October 5, 1999, the Plaintiff was awarded a successful bid for 166 Miscellaneous land, Songpa-gu, Seoul, Songpa-gu, Seoul (hereinafter “former 166 Miscellaneous land”), 101-1 land and the same 101-7 land (hereinafter “previous site”) as a voluntary auction, and around October 10, 200, the Plaintiff moved the place of business to the previous place of business and operated the business.

C. On December 6, 2002, the Minister of Construction and Transportation, pursuant to Articles 3 and 7 of the Housing Site Development Promotion Act, which was enforced on December 6, 2002 by the Ministry of Construction and Transportation No. 2002-283, designated approximately 614,00 square meters as a site for the development of urban development in Songpa-gu Seoul Metropolitan Government as an executor of the Urban Development Project (hereinafter “the site for the development of the housing site”). At the time, the previous 166 land which was the “natural green belt area” was included in the said district for the development of the housing site, and the said 101-1 and 101-7 land was not included in the said district for the development of the housing site.

On August 20, 2003, the Plaintiff filed a petition with the Seoul Special Metropolitan City Council, etc. on August 20, 2003, for exclusion of part of the previous land from the area subject to housing site development in the area subject to housing site development on September 4, 2003, because it is difficult for the Plaintiff to conduct a business with a total of 101-1 and 101-7 square meters of the remaining land area as a site subject to housing site development in the previous site. The Seoul Special Metropolitan City Council adopted the Plaintiff’s petition on September 4, 2003.

E. On October 6, 2003, the Defendant approved the housing site development plan for the housing site development area in the Seoul Special Metropolitan City public notice No. 2003-285.

F. On December 26, 2003, according to the housing site development project, the Defendant changed the specific use area of the area subject to housing site development into the existing “natural green belt area” from the existing “natural green belt area” to the “general residential area or quasi-residential area,” and the previous land site is 16.

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