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(영문) 서울행정법원 2018.11.23 2018구합60199

부작위위법확인

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1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is an urban environment rearrangement association that obtained authorization for the establishment of an urban environment rearrangement project from the head of Yongsan-gu Seoul Metropolitan Government (hereinafter "the head of Yongsan-gu") on October 12, 2006 to implement an urban environment rearrangement project in Yongsan-gu Seoul Metropolitan Government G (hereinafter "the rearrangement zone in this case"), and the plaintiffs are the owners of each real estate listed in the attached Table (hereinafter "each real estate in this case") located in the rearrangement zone in this case, and the following is attached.

As seen in this paragraph, the first defendant's member is a person eligible for cash settlement without filing an application for parcelling-out.

B. The Defendant received the authorization for project implementation on June 8, 2007 from the head of Yongsan-gu and the authorization for project implementation on May 30, 2008 from the head of Yongsan-gu.

(C) The Defendant’s association members began to move from May 30, 2008 after the management and disposal plan was approved. The Plaintiffs submitted written consent for moving expenses, written consent for moving, written consent for moving, and written consent for removing buildings, to the Defendant, and the relocation in the instant improvement zone was completed in around 2010. D. The Plaintiffs filed an application for parcelling-out within the period of the application for parcelling-out, publicly notified by the Defendant on June 15, 2013 (from June 17, 2013 to July 17, 2013), but thereafter, the Defendant did not file an application for parcelling-out within the period of the application for parcelling-out, publicly notified again on November 20, 2013, as the Defendant did not file an application for parcelling-out within the period of the application for parcelling-out, publicly notified on June 15, 2013. < Amended by Presidential Decree No. 24813, Nov. 21, 2013>

E. The Plaintiffs, January 21, 2014, and the same year

6.5.0.00.00

8. On three occasions on 29.3 occasions, the Defendant requested the Defendant to file an application for a ruling of expropriation and a ruling of use following the failure to reach an agreement on each of the instant real estates.

(B) On January 21, 2014, the part of the Plaintiffs’ claim for adjudication on the use (hereinafter “request for adjudication on the use of this case”). The Defendant filed an application for adjudication on the use of this case on August 17, 2017.