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(영문) 서울행정법원 2016.12.09 2016구합4140

청산금

Text

1. Of the instant lawsuit, the part demanding confirmation of the obligation to pay liquidation money shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

Basic Facts

D As the owner of Songpa-gu Seoul Metropolitan Government E-road 9 square meters, G forest land 64 square meters, C forest land 273 square meters (hereinafter “instant forest land”), D completed the registration of transfer of ownership with respect to the instant forest land on March 20, 1998 as the owner of the instant forest land (hereinafter “instant forest land”).

The FJR redevelopment project was approved as H of Seoul on September 4, 1976, and the management and disposal plan was approved on February 3, 1984, April 23, 1984, and March 6, 1985, and the Seoul Special Metropolitan City Mayor maintains public facilities according to the project implementation plan and designates substitute land or parcel out land according to the management and disposal plan, and the owner of land, etc. is implementing the redevelopment project by the so-called self-development method that improves buildings in his own ability as prescribed by the management and disposal plan. On December 2, 2005, the Seoul Special Metropolitan City Special Metropolitan City I, JJJ large 98,453.70 square meters (hereinafter “instant rearrangement zone”) including the instant land was designated as the Seoul Special Metropolitan City KK, and the implementation method was modified to the method of constructing multi-family housing under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

The head of Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the "the head of Songpa-gu") designated 13.07 square meters among 273 square meters of the forest of this case as substitute land. Accordingly, the remaining 259.93 square meters of the forest of this case among the forest of this case is subject to liquidation under Article 52 of the former Land Readjustment Projects Act ( repealed by Act No. 6252, Jan. 28, 200; hereinafter the same shall apply).

On August 7, 1986, the head of Songpa-gu delivered 22,533,000 won for the liquidation money on the same 259.93 square meters among the forest of this case among the forest of this case.

The Defendant obtained authorization to establish an association on December 31, 2008 from the head of Songpa-gu for a housing redevelopment improvement project for the instant improvement zone, and obtained authorization to implement the project on April 26, 2012.

On January 22, 2013, the defendant applied for the advance liquidation of land scheduled for replotting and liquidation of land scheduled for sale to the head of Songpa-gu, and the head of Songpa-gu shall within the improvement zone in this case.