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(영문) 서울행정법원 2016.09.30 2015구합78786
관리처분계획 무효확인 등
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On October 26, 2006, the designation of urban renewal acceleration districts (Public Notice F) and the determination of urban renewal acceleration plans (Seoul Special Metropolitan City Public Notice G) were made with respect to the Seoul Jung-gu D (hereinafter “D”) E 14,845.02 square meters (hereinafter “instant improvement zone”).

B. On January 21, 2015, in order to promote an urban environment improvement project (hereinafter “instant project”), the Defendant held an extraordinary general meeting of the owners of land, etc. (hereinafter “instant general meeting”) by presenting the application for the confirmation of the bylaws of the instant project, and the application for the confirmation of the project implementation plan and the authorization for the implementation of the project as each of the items, and (i) declared a resolution on each of the instant items, 87, 4, 2, 87, and 5, with respect to the agenda.

C. Around that time, the Defendant obtained the consent of 103 persons (79.23%) among the owners of land, etc. in the instant improvement zone and 12,875.00 square meters (865%) among the target area 14,858.84 square meters (86.65%) and filed an application for approval of a project implementation plan (hereinafter “application of this case”) with the head of Jung-gu Seoul Metropolitan Government (hereinafter “instant project implementation plan”), and the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) issued the public inspection announcement for project implementation on February 25, 2015, and approved the project implementation plan on April 21, 2015.

(hereinafter “instant project implementation authorization disposition”) D.

The Plaintiffs filed an application for parcelling-out with the Defendant on May 28, 2015, as owners of the land, etc. in the instant improvement zone.

E. The Defendant established a management and disposition plan concerning the instant project (hereinafter “instant management and disposition plan”) and obtained authorization from the head of the Jung-gu Seoul Metropolitan Government on September 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 6, 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. To make entries in the attached Acts and subordinate statutes;

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