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(영문) 서울행정법원 2017.12.08 2016구합84818
직권해제 대상구역 선정처분에 대한 무효확인등의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

Details of the disposition

On June 19, 2008, the Plaintiff was authorized to establish a housing redevelopment improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) in a zone A (FF large 48,935 square meters, Guro-gu Seoul Metropolitan Government; hereinafter “instant rearrangement zone”) designated as a rearrangement zone under the Seoul Special Metropolitan City Public Notice E on June 19, 2008.

The Defendant, on August 26, 2016, pursuant to Article 4-3 (3) 4 of the Seoul Metropolitan Government Ordinance on the Improvement of Urban and Residential Environments (hereinafter referred to as the “Ordinance”), notified the head of Guro-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Guro-gu”) in accordance with Article 4-3 (5) of the Ordinance, on April 23, 2010, that the Plaintiff applied for the authorization of management and disposal within four years from the date of the first project implementation authorization, and requested the cancellation of at least 1/3 (35.1%) of the owners of land, etc. on July 14, 2016, after ex officio review of the professional cancellation of the rearrangement zone, such as the third rearrangement zone, and consultation with the Urban Planning Committee on August 14, 2016, designated the rearrangement zone as an area subject to ex officio cancellation, and requested the Defendant to investigate the opinions of the owners of land, etc. in the rearrangement zone and notify the result thereof.

On September 23, 2016, the head of Guro-gu shall send a written notice of resident opinion survey promotion to the Plaintiff, and make a public notice of resident opinion survey conducted on October 5, 2016 from October 13, 2016 to November 28, 2016. The head of Guro-gu sent a written notice to each owner of land, etc. with the same content. The main contents of the said notice and the notice are as follows.

The investigation period: the period from October 13, 2016 to November 28, 2016 (if the participation ratio is less than 75%, it shall be extended to 15 days until December 13, 2016. Whether it is extended or not shall be separately published) 1) method of investigation, 1) method of delivery by mail: Cancellation, such as the renewal zone, within the investigation period.

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