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(영문) 서울행정법원 2017.10.13 2017구합718
동소문2구역 주택재개발정비사업조합설립(변경)인가무효확인
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

The head of Seongbuk-gu Seoul Metropolitan Government has designated the size of 18,486 square meters in Seongbuk-gu Seoul Metropolitan Government as a A-Housing Redevelopment Improvement Zone, and announced it as D public notice of April 23, 2002.

When the Mayor of Seongbuk-gu Seoul Metropolitan Government decides on the designation and plan of a district unit planning zone with regard to 52,908 square meters in Seongbuk-gu Seoul Metropolitan Government, he/she designated the Seongbuk-gu Seoul Metropolitan Government E-Japan 20,657.3 square meters in the above district unit planning zone as F, and publicly announced it as G on July 8, 2010 as a topographical map.

After that, the Mayor of Seongbuk-gu Seoul Metropolitan Government changed the designation of the size of 20,657.3 square meters of the above Seongbuk-gu Seoul E zone as a A-Housing Redevelopment Improvement Zone, and publicly notified the change as H on November 10, 201 of the Seoul Metropolitan Government public notification.

(hereinafter “Prior Disposition”). The Plaintiff (Appointed Party) filed a lawsuit seeking the revocation of the preceding disposition (Seoul Administrative Court 2012Guhap4326) and ruled against the Plaintiff. The said judgment became final and conclusive through the appellate court and the final appeal.

A Housing Redevelopment and Rearrangement Project Association (hereinafter referred to as the “instant partnership”) obtained authorization from the Defendant to establish an association, and completed the registration of incorporation on April 11, 2008. On November 16, 201 and March 13, 2013, the Defendant obtained authorization for change of the association establishment from the Defendant.

On March 11, 2015, the instant association filed an application with the Defendant for the change of the name of the union member (the change of representative union member) following the donation of buildings and the change of the union establishment (the change of minor matters) on the ground of the change of union executives. Accordingly, on March 12, 2015, the Defendant issued an authorization for the change of the association establishment (hereinafter “instant disposition”). At the time of the instant disposition, the project implementation scheduled area of the instant association is the size of 18,486 square meters in Seongbuk-gu Seoul Metropolitan Government.

【Non-contentious facts, Gap’s evidence Nos. 3 through 10, Eul’s evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings, prior disposition of the instant disposition by the plaintiff (appointed party) as to the legitimacy of the disposition of the instant case.

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