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(영문) 서울행정법원 2016.11.04 2015구합13468
도시계획시설사업 실시계획인가처분등 무효확인
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

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

Reasons

1. Basic facts

A. Defendant Agriculture and Fisheries Food Corporation (hereinafter “Defendant Agriculture and Fisheries Corporation”) is a corporation that manages and operates the Songpa-gu Seoul Metropolitan Government Agricultural and Fishery Product B (hereinafter “B market”) established by Defendant Seoul Special Metropolitan City Mayor (hereinafter “Defendant Seoul Special Metropolitan City Mayor”). The Plaintiffs continued to enter into a lease contract on a one-year basis for each of the pertinent stores in the Cheongbu Markets market by December 31, 2014, while entering into a lease contract on a one-year basis for each of the stores in the B market.

B. In order to minimize the environmental damage to the surrounding areas and reduce the decline of the wholesale market during the project implementation period, Defendant Agricultural and Fishery Corporation established and implemented the B market facility modernization project plan due to the deterioration of the B market opened in 1985, it adopted the method of removing the existing buildings occupied by the relocated merchants if the existing merchants move to the building completed by the 1-stage project, divided into three stages as follows, in order to minimize the environmental damage inflicted on the neighboring areas and reduce the decline of the wholesale market during the project implementation period:

A total of 12 units of 7 units of 7 units of 2 units of 2 units of 3 units of 3 units of 10 units of 3 units of 3 units of 10 units of 3 units of 10 units of 3 units of 10 units of 3 units of 10 units of 10 units of 10 units of 10 units of 10 units of 1,000 units of 10 units

C. The defendant Mayor announced the B market facility modernization project plan as follows:

Determination on May 6, 2010 of the date: Decision to revise an urban management plan on July 1, 201 of the building volume ratio and height ratio of the B market on July 1, 201, the project implementer designated as the Defendant Agricultural and Fisheries Corporation on February 17, 201 as the implementation plan for the urban planning facility project (market) project on February 17, 201 (hereinafter referred to as “instant authorization disposition”): Approval on May 2, 2013 in the first phase of the B market facility modernization project plan: the scheduled date of commencement and completion of the project, the area for completion of the project, or the scale of the project, respectively, shall be changed.

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