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(영문) 서울행정법원 2018.11.02 2018구합3745

연희3구역주택개량재개발청산금재산정지급결정에대한무효확인등

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. 1) Seoul Seodaemun-gu Seoul Western-gu 476 parcel 155,731.5 square meters (the Plaintiff’s share 35.53/142.1 square meters is also included in the Seoul Seo-gu Seoul Western-gu D road, Seodaemun-gu 470 square meters, which was owned by the Plaintiff.

A) On December 1, 1973, the Ministry of Construction and Transportation designated E Housing Improvement Redevelopment Project Zone (A) as E, and then the Seoul Special Metropolitan City Mayor as the project implementer on August 28, 1979, the project implementation plan of F publicly notified on August 28, 1979 (hereinafter the “instant redevelopment project”).

(2) On November 9, 1989, the Seoul Special Metropolitan City Public Notice was approved on November 23, 1979, respectively. The project in this case was implemented by the Seoul Special Metropolitan City Mayor, the project implementer, in accordance with the project implementation plan and designating the substitute land or the selling site in accordance with the management and disposal plan, and the owner of the land, etc. has been using the so-called self-development method to improve the building with his own funds as prescribed by the management and disposal plan. (2) Upon delegation of the authority for the implementation of the project in this case by the Seoul Special Metropolitan City Mayor on August 9, 1989 under the Seoul Special Metropolitan City Ordinance on Administrative Delegation, the Defendant continued the project, and sold the land in this case to H on November

According to the individual liquidation delivery protocol included in the above disposition of selling in lots, with respect to 117.4 square meters of land equivalent to the portion of 35.53/142.1 of Seodaemun-gu Seoul Special Metropolitan City D 470 square meters (hereinafter “the instant land”), among 35.53/142 square meters owned by the Plaintiff, 91.42 square meters of land calculated by deducting 25.98 square meters as the land area for expenses by applying the reduction rate, and it was determined that the remaining area of 41.59 square meters of land, excluding the above replotting area, is subject to the issuance of liquidation money.

B. One defendant, including the notification of the first settlement money and related lawsuits, shall be the area subject to the issuance of the said settlement money as of the date when two appraisal business entities publicly notified the authorization of the implementation plan of the project of this case.