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(영문) 서울행정법원 2019.02.20 2018구단59864

주거이전비등

Text

1. The defendant,

A. As to Plaintiff G, KRW 6,214,219, Plaintiff H and I, respectively, and each of them.

Reasons

1. Basic facts

A. On June 21, 2007, the Mayor of Dongdaemun-gu Seoul Metropolitan Government announced the establishment of the improvement plan and the resident public inspection announcement for the designation of the improvement zone (the Seoul Metropolitan Government announced L) with respect to the Dongdaemun K.

B. The Defendant, as a redevelopment and rearrangement project association established on September 2, 2013, is implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in Dongdaemun-gu Seoul Metropolitan Government K Il-gi 37,699 square meters (hereinafter “instant rearrangement zone”) designated as a rearrangement zone as above.

The head of Dongdaemun-gu Seoul Metropolitan Government shall publicly announce the approval of the project implementation plan concerning the project in this case on September 10, 2015 [the Dongdaemun-gu Seoul Metropolitan Government Public Notice M, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter referred to as the "Urban Improvement Act"].

) A project authorization and its notice shall be deemed to have been granted and given when the authorization for project implementation has been given in accordance with Article 40(2).

C. The Plaintiffs (However, in the case of Plaintiffs G, H, and I, it is deemed as the standard for F, the decedent; hereinafter the same shall apply) are those who own and reside in each of the instant houses in the rearrangement zone (hereinafter “each of the instant houses”) as indicated below, and are subject to cash settlement.

F On October 26, 2018, after the filing of the instant lawsuit, died on October 26, 2018, and the wife inherited the property of Plaintiff G, Plaintiff H and I, their children.

On November 3, 1992, 1992, the Plaintiff’s 1 network FN wood house on the date of the transfer of the Plaintiff’s house, 1992.2 AO wood house on November 3, 1992, and B P wood house on November 4, 1997, and D R wood house on November 5, 2003, and on October 30, 1996, the E S wood house on October 6, 1996, and on June 13, 1983.

D. On April 28, 2017, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation with the purport that the Defendant expropriates each of the instant houses and the commencement date of expropriation shall be June 16, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, Eul evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.