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(영문) 서울중앙지방법원 2018.07.05 2017가합549945
소유권보존등기말소 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment Development Project Association established on April 21, 2006 for the purpose of promoting a housing redevelopment project in the Dongjak-gu Seoul Metropolitan Government 67 Il-dong 53,624.48 square meters (hereinafter “instant improvement zone”).

B. Under Article 206-375 of the former Special Act on the Promotion of Urban Renewal (hereinafter “Financial Expenses Promotion Act”) on October 19, 2006, the urban renewal acceleration plan was publicly announced on September 11, 2008 pursuant to Article 2008-307 of the Seoul Metropolitan Government Public Notice No. 2008-307 of the Seoul Metropolitan Government Public Notice No. 2008, Sept. 11, 2008.

In Article 208-307 of the Public Notice of Seoul Special Metropolitan City, “social welfare facility installation plan” portion of the changed area in the “social welfare facility” column of the “facility installation plan” includes “54-235 square meters in blackstone-dong 508 square meters, which is scheduled to be used as a childcare center site in relation to the business of the 4th fiscal rain promotion zone located in the Plaintiff’s association

C. On August 20, 2007, the Plaintiff obtained authorization to implement each project from the Defendant on January 10, 2008; July 3, 2009; September 23, 2009; and December 24, 2009, after obtaining authorization to implement each project from the Defendant to construct 13 or 811 units of apartment buildings in the rearrangement zone in this case; and on August 20, 2007, the “Urban Management Department” column in the “Urban Management Department” column shall be designated as an urban renewal acceleration district under the Urban Renewal Promotion Act; and the project implementation modification procedure under the future renewal acceleration plan shall be implemented; and in connection with the future renewal acceleration plan (building height, number of floors, floor area ratio, public land use; relationship with the burden of infrastructure; etc.); and in the “Seoul Urban Development Agency” column in Seoul Special Metropolitan City on July 23, 2009, the project implementation authorization officer shall be thoroughly made by maintaining consistency with the implementation of administrative procedures in each phase.

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