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(영문) 서울행정법원 2018.07.20 2018구합50581
사업시행계획변경인가처분등취소
Text

1. The plaintiff's lawsuit dismissed the part of the claim filed for nullification of the project implementation authorization disposition.

2. The Defendant on November 14, 2017

Reasons

Details of the disposition

The Plaintiff is a partnership established to implement housing redevelopment improvement project (hereinafter “instant redevelopment project”) within 85-17 square meters in Mapo-dong, Mapo-gu, Seoul (hereinafter “instant redevelopment area”) and obtained authorization from the Defendant on July 13, 2010 for the establishment of the association.

On November 23, 2011, the Plaintiff established a project implementation plan and issued project implementation authorization (hereinafter “instant project implementation plan”) and applied for authorization to implement the project of the instant redevelopment project on or around December 2, 201, to the Defendant. The “Maintenance Infrastructure Report,” which is closed for the purpose of use, included the content that “the total sum of 3,481.4 square meters (hereinafter “the instant road”) of the area of each road indicated in the attached Table 1, which is the fundamental infrastructure to be disused after being incorporated into the instant redevelopment area, shall be transferred without compensation to the Plaintiff with the remainder of 2,12.8 square meters excluding the area of the alternative infrastructure among the areas of each road indicated in the attached Table 1, which is the fundamental infrastructure to be disused.”

On February 20, 2012, the Plaintiff obtained authorization for the instant project implementation plan from the Defendant (hereinafter “instant project implementation authorization”).

The "infrastructure for improving the purpose of use" in the project implementation authorization of this case is public disturbance.

On February 23, 2012, the Defendant publicly announced the project implementation authorization of the instant case, and indicated as follows “Gratuitously transferred fundamental infrastructure (a fundamental infrastructure for rearrangement to be abolished for use)”.

The land subject to a free transfer of the area of the land to be incorporated into the land category on the registry of the land category of each facility name (Mapo-gu) and the land subject to a free transfer shall be the land for the use of the land, which is a non-road of 752-2 road of 1,597.9.31,058.31,058.31,058.31,058.31,057.9.9. 375.9. 375.9, Mapo-gu, Mapo-gu, 754 road of 754, 1,134.3, 445.8.8, 445.8, 82.52.92.52.9, 73-4, 73-7, 808.87, Aug. 37, 308, 707

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