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(영문) 서울행정법원 2018.05.04 2017구합78650

특정무허가건축물보상신청

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1. The plaintiff's main claim is dismissed.

2. The defendant is the head of Seodaemun-gu Seoul Metropolitan Government on September 22, 2016.

Reasons

Details of the disposition

In addition, the defendant is the Housing Redevelopment and Improvement Project Association approved by the head of Seodaemun-gu Seoul Metropolitan Government on April 7, 2010 to implement the Housing Redevelopment and Improvement Project that sets the Seodaemun-gu Seoul Metropolitan Government Group C as a project implementation district (hereinafter referred to as the "project district of this case").

On November 4, 1987, the Plaintiff completed the registration of ownership transfer with respect to D large scale 149 square meters (hereinafter “instant land”) within the instant project zone due to sale on October 30, 1987, and completed the construction of the instant land with a new construction permit granted from the competent authority, but failed to undergo the completion inspection under the former Building Act.

(A) On January 29, 198, the Plaintiff reported the modification of the design to newly construct “building area of 63 square meters, 126 square meters, 126 square meters of total floor area, 1st floor underground, and 1st floor per annum and detached houses on the ground.” hereinafter “instant building”). On August 12, 2015, the period for filing an application for parcelling-out, the Plaintiff filed an application for parcelling-out with the Defendant on August 12, 2015, but did not state the instant building.

On January 11, 2016, the Plaintiff asked the head of Seodaemun-gu, Seoul Special Metropolitan City (amended by Ordinance No. 4686 of September 30, 2008) about whether “whether the unbuilt building completed in May 198 after obtaining a building permit on February 2, 198 within the instant project can be recognized as a legitimate building,” and it is determined that the building can be recognized as a legitimate building by the head of Seodaemun-gu, Seoul Special Metropolitan City (including a building for which approval for the unused building was not granted as of January 24, 1989) in accordance with Article 2 subparagraph 1 (e) of the Ordinance on the Improvement of Urban and Residential Environments (amended by Ordinance No. 4686 of September 30, 2008).

In the future, there is a need to attach relevant evidentiary documents to the appraisal of the omitted property when the notice of the management and disposal plan is given or the appraisal amount is notified to the partnership and be evaluated as a legitimate building.

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