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(영문) 서울행정법원 2018.07.20 2018구합51881
사업시행계획 무효확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association (hereinafter “the head of Seongbuk-gu”) with the approval of establishment on April 29, 2010 for the purpose of implementing the Housing Redevelopment and Improvement Project (hereinafter “instant Improvement Project”) in Seongbuk-gu Seoul Metropolitan Government 107,165 square meters (hereinafter “instant Improvement Zone”), and the Plaintiff is the owner of land, etc. in the instant improvement zone.

B. On November 2, 2012, the Defendant prepared a project implementation plan to build multi-family housing and ancillary welfare facilities with a total number of households of 2,029 households in the instant rearrangement zone and obtained approval for the project implementation plan from the head of Seongbuk-gu on November 26, 2013.

(hereinafter referred to as the "project implementation plan of this case") shall be the project implementation plan authorized by the head of Seongbuk-gu.

The details of the resident relocation measures in the project implementation plan of this case and the part concerning the relocation expenses among the resident relocation guide distributed by the defendant to the members of the application for parcelling-out shall be as shown in attached Form 1 through 3.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant's assertion that the plaintiff did not apply for parcelling-out within the period of application for parcelling-out and thus was classified as a person subject to cash liquidation, and subsequently lost the ownership of the real estate owned.

Therefore, the plaintiff has no legal interest to dispute the invalidity of the project execution plan of this case.

(b) If there is a defect of invalidity automatically in the project implementation plan for the housing redevelopment project, the redevelopment project partnership shall establish a new project implementation plan, obtain approval from the competent authority, and establish a management and disposal plan again after obtaining application for parcelling-out from the competent authority.

Therefore, the owner of land, etc. who has failed to apply for parcelling-out within the period of application for parcelling-out or has lost his status as a member due to withdrawal of application for parcelling-out.

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