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(영문) 서울행정법원 2014.12.04 2013구합21441
수용재결취소
Text

1. On June 14, 2013, the Defendant listed the separate list of real estate in the separate sheet against the Plaintiff (Appointed Party) and the designated parties A.

Reasons

On July 13, 2006, the Mayor of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant improvement project zone”) designated the size of 64,453 square meters as a housing redevelopment improvement project zone (hereinafter referred to as the “instant improvement project zone”), and publicly announced it as D public notification of Seoul Metropolitan Government.

The Defendant Intervenor obtained authorization for establishing an association for the purpose of promoting the housing redevelopment project in the instant improvement project zone pursuant to Article 16 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 21, 2007) from the head of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Mapo-gu”).

Defendant Intervenor was authorized by the head of Mapo-gu Seoul Metropolitan Government Public Notice E on September 3, 2007 to implement a housing redevelopment project implementation plan with a content that the implementation period of the improvement project shall be 48 months from the date of authorization for the implementation of the project.

(hereinafter “First Project Implementation Plan”). On May 8, 2010, the Defendant Intervenor held a general meeting on May 8, 2010, and passed a resolution on the “case of change in the establishment of an association” reflecting the items of drawing and drawing results of the existing application for parcelling-out based on the results of application for parcelling-out, and applied for the change of the establishment to the head of Mapo-gu on May 10,

On May 31, 2010, the head of Mapo-gu issued a disposition to change the establishment of the association.

(1) On the other hand, some of the Defendant’s supplementary intervenors filed a lawsuit seeking confirmation of invalidity of the establishment authorization disposition of the Seoul Administrative Court No. 2009Guhap46146. On July 22, 2010, the said court dismissed the lawsuit on the ground that there was no legal interest in filing a lawsuit, as long as the first establishment authorization disposition was issued on July 22, 2010.

However, the appellate court (Seoul High Court 2010Nu27761) will seek confirmation of invalidation of the disposition for approving the establishment of a project plan, even if the disposition for approving the establishment was a past legal relationship due to the first disposition for approving the establishment of a project.

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