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(영문) 서울행정법원 2017.09.29 2017구합66138

학교용지부담금부과처분취소

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1. The Defendant’s disposition of imposition of KRW 132,948,00 against the Plaintiff on March 9, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. On August 11, 2008, the Plaintiff is a housing redevelopment and rearrangement project partnership which has obtained approval for establishment of the association from the Defendant pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on August 11, 2008.2) The Mayor of Yongsan-gu Seoul Special Metropolitan City changed the basic plan for urban and residential environment rearrangement in accordance with Articles 3(3) and 4(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on November 15, 2007 as the Seoul Yongsan-gu Seoul Special Metropolitan City Notice No. 2007-418 on November 15, 2007.

At the time of designation, the implementation plan for the rearrangement project is expected to increase 81 households compared to 365 households by constructing the multi-family housing of 446 households with the housing redevelopment project under the management and disposal plan.

Meanwhile, the number of households, which was investigated and identified by the Promotion Committee for the Establishment of the Housing Redevelopment Project Association, from October 19, 2005 to April 31, 2006, was 874 in total, including 87 households per house owner, 233 households for tenants, 234 households for residential residents, 640 tenants, etc. (land status is 20,962.80 square meters for land status). On September 2007, 2007, the content presented by the said Promotion Committee was entered into a total of 128 households for residential owners, 237 households for residential residents, and 365 households for residential residents, including 346 households for residential owners, 676 households for residential tenants, and 1,022 persons for residential residents (land status is 22,93.20 square meters).

3) On May 6, 2011, the Seoul Special Metropolitan City Mayor issued a public announcement of partial change in the designation of an improvement zone pursuant to Article 4 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, but changed to 484 households (general 400 households in lots, rental houses, 84 households) for the constructing households. 4) The Seoul Special Metropolitan City Mayor issued a public announcement of partial change in the designation of an improvement zone pursuant to Article 4 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on August 30, 201, and changed to 478 households (general 396 households in lots, rental houses