beta
(영문) 서울행정법원 2015.12.11 2015구합59204

주거이전비등

Text

1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 19,747,910, and KRW 18,565,368, to Plaintiff (Counterclaim Defendant) B.

Reasons

1. Facts of recognition;

A. The Defendant is an association established on December 22, 2006 in order to implement an urban environment improvement project (hereinafter “instant project”) with respect to the area of 151,745 square meters in force in Jongno-gu Seoul Metropolitan Government G party (hereinafter “maintenance zone”).

B. On May 29, 2009, the head of Jongno-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Jongno-gu”) announced the authorization to implement the project of this case on July 24, 2009 through the public notice of Jongno-gu Seoul Metropolitan Government public notice of H (hereinafter referred to as the “public notice of this case”).

C. Although the Plaintiffs were the owners of land, etc. in the rearrangement zone as listed below, they became eligible for cash settlement because they failed to apply for parcelling-out during the period of application for parcelling-out, and the Defendant applied for an expropriation ruling with the local Land Expropriation Committee of Seoul Special Metropolitan City on the land, etc. owned by the Plaintiffs who did not reach an agreement on the amount of settlement money between the Plaintiffs. On August 23, 2013, the said Committee rendered a ruling of expropriation on October 11, 2013.

(hereinafter referred to as "the expropriation ruling of this case". On November 24, 2089, AJ No. 310,125,650 73.80 on August 23, 2013 BK on December 28, 2013; No. 418,512, 200; No. 23089, Aug. 23, 2010; No. 2310, Nov. 6, 2010; No. 10648, Aug. 23, 2019; No. 10655, Oct. 36, 2005; No. 10655, Oct. 31, 2019; and No. 8444, Aug. 23, 2018; and No. 10675, Aug. 24, 2018>

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. Determination as to the claim on the principal lawsuit

A. Articles 38, 40(1), and 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), Article 48 of the Enforcement Decree of the Urban Improvement Act, and public works.