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(영문) 수원지방법원 2016.04.20 2015구합68209
정비구역지정처분취소
Text

1. Of the instant lawsuit, the Defendant’s determination of the urban renewal acceleration plan is in the process of the determination of the regional renewal acceleration plan, which was made as the F of the Gyeonggi-do Public Notice on October 23, 2013.

Reasons

1. Details of the disposition;

A. On December 4, 2009, the Defendant issued the Gyeonggi-do Public Notice G (hereinafter “instant zone”) on December 4, 2009, G containing the content that the 60,313.2 square meters of the instant zone shall be designated as the area for the promotion of the development of the renewal acceleration district of the name of light and the determination of the alteration of the renewal acceleration plan (hereinafter “instant public notice”). On October 23, 2013, the Defendant made a decision to change the area of the instant zone to the 59,31.6 square meters (hereinafter “instant public notice”).

B. The Plaintiffs are the owners of the land within the instant zone, and the Plaintiffs’ land was designated as an urban renewal acceleration district in light of the instant announcement.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

2. The Plaintiff’s old and inferior structure subject to a housing redevelopment project under Article 2 subparag. 3 (c) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”) and Article 2(2) subparag. 1 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 23716, Apr. 10, 2012; hereinafter the same shall apply) refers to “a building for which 20 years have passed since its completion and 20 years have passed, and its structural defect, etc., are deteriorated, and thus removal is inevitable.” Article 5 of the Gyeonggi-do Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents means a survey content at the time of formulating an urban improvement plan, and Article 5 of the Gyeonggi-do Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents clearly stipulates that the present state of the old and inferior structure

In light of the above provisions, it is not simply impossible to determine whether a building is worn-out and inferior on the basis of the number of years elapsed of the building, and a substantial on-site investigation is conducted on structural defects or old age of the building.

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