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서울행정법원 2013.04.04 2012구합28377

이주대책대상자제외결정취소

Text

1. The Defendant’s each of November 2, 201 against Plaintiff A and the remaining Plaintiffs, respectively, on August 17, 2012.

Reasons

1. Details of the disposition;

A. On December 30, 2005, the Mayor of Seoul Special Metropolitan City (hereinafter “instant project”) determined and publicly announced on December 30, 2005, the base date for relocation measures for the M&D City Urban Development Project (MRC) of the Gangseo-gu Seoul Metropolitan Government, a project implementer, and approximately KRW 1030,000,00,00 in the Handong-dong, Gangseo-gu, Seoul, as the project implementer.

(hereinafter referred to as “the date of the relocation measures of this case”) B.

The head of Gangseo-gu Seoul Metropolitan Government announced on December 29, 2006 the residents' public perusal to designate the Gangseo-gu Seoul Metropolitan Government Gangseo-gu, the Gangseo-gu Seoul Metropolitan Government, the Dongdong, the Airport Dong, the Fire Prevention Dong, the Dong of the inside and outside of the Seoul Metropolitan Government, and the 3,364,000 square meters as the Maero Urban Development Zone, as the Gangseo-gu Seoul Metropolitan Government public announcement.

C. On December 28, 2007, the Mayor of Seoul Special Metropolitan City announced the designation of an urban development zone and the formulation of a development plan under Article 2007-491 of the Seoul Special Metropolitan City’s notification on December 30, 2008, the Seoul Special Metropolitan City announced the alteration of an urban development zone (the area of an urban development zone was changed to 3,363,591 square meters), the establishment of a development plan, the authorization of an implementation plan, and the publication of a topographic map. On February 11, 2010, the Seoul Special Metropolitan City announced the alteration of an urban development zone (the area of an urban development zone was changed to 3,363,536 square meters; hereinafter “instant project area”) and the formulation of a development plan under Article 2010-39 of the Seoul Special Metropolitan City notification.

On August 29, 2008, the Defendant publicly announced the compensation plan for the instant project (hereinafter referred to as “public announcement date of the instant compensation plan”) by announcement No. 37 of the public announcement of August 29, 2008, and established and publicly announced the relocation measures (hereinafter referred to as “the relocation measures guidelines of this case”) including the following matters as the public announcement of December 23, 2008:

The base date for relocation measures: The base date for relocation measures for marina city development zones shall be December 30, 2005.

The criteria for the selection of persons subject to classification and the countermeasures, and ① The owner of a house permitted on his own land from the base date to the date of conclusion of consultation or adjudication of expropriation.