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(영문) 서울행정법원 2012.10.19 2012구합4326
주택재개발정비구역변경지정결정취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On 198, the Defendant established the Seongbuk-gu Seoul Metropolitan Government Master Plan for Urban and Residential Environment Improvement, which designates Seongbuk-gu Seoul D Il-dong as Seongbuk-gu E zone.

B. On April 23, 2002, the Defendant issued a disposition to designate Seongbuk-gu Seoul Metropolitan Government D Il-dae, 18,486 square meters (hereinafter “the previous rearrangement zone”) as a C-Housing Redevelopment Improvement Zone (hereinafter “instant designation disposition”).

C. On March 17, 2008, the head of Seongbuk-gu Seoul Metropolitan Government Office approved the establishment of an association with the Intervenor joining the Intervenor (hereinafter “ Intervenor Union”). D.

On July 8, 2010, the Defendant publicly announced a district unit planning zone (hereinafter “instant district unit planning zone”) with respect to 52,908 square meters in Seongbuk-gu Seoul, Seongbuk-gu, Seoul (hereinafter “instant district unit planning zone”) and a topographic map (hereinafter “instant district unit planning designation disposition”). In particular, the Defendant designated the Seongbuk-gu Seoul District Unit Planning Zone 20,657 square meters of the instant district unit planning zone as a 19 special planning zone (hereinafter “instant special planning zone”).

E. On November 29, 2010, the Intervenor Mutual Aid Association requested the head of Seongbuk-gu Seoul Metropolitan Government Office to change the existing designation disposition to include the instant special planning zone in the instant rearrangement project zone. The head of Seongbuk-gu Seoul Metropolitan Government requested the head of Seongbuk-gu Seoul Metropolitan Government to change the designation of the rearrangement zone on May 24, 201 pursuant to Article 4 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”).

F. On November 10, 201, the Defendant rendered a disposition to change the size of the instant special planning zone 20.657 square meters as a housing redevelopment improvement zone (hereinafter “instant modified designation disposition”) according to the instant district unit planning decision as a public notice I of Seoul Special Metropolitan City.

The requirements for the designation of a district examined by the defendant at the time of the designation are as follows:

In this case, at least 60% but not less than 50% but not more than 50% of the base rate of contact with old and inferior housing density, such as old and inferior housing density under the requirement for district designation.

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