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(영문) 서울행정법원 2019.11.13 2019구단52976

주거이전비등

Text

1. The defendant

A. As to KRW 4,001,028 and (i) above KRW 3,808,008 among the Plaintiff A, the Plaintiff shall be fully paid from February 16, 2019.

Reasons

1. Basic facts

A. On July 5, 2007, the head of Dongdaemun-gu Seoul Metropolitan Government publicly announced the public inspection of residents for public inspection and implementation authorization for the designation of the redevelopment and rearrangement zone.

(I) On November 5, 2009, the head of Dongdaemun-gu Seoul Metropolitan Government announced the project implementation authorization for the H Housing Redevelopment Project (hereinafter “instant rearrangement project”) implemented by the Defendant by setting the project implementation period as “48 months from the date of authorization for the project implementation” (hereinafter “instant rearrangement project”); and on August 20, 2015, after the period of the said project implementation expires, the head of Dongdaemun-gu Seoul Metropolitan Government publicly announced the project implementation authorization for the instant rearrangement project by setting the project implementation period as “72 months from the date of authorization for the project implementation”; and again, on August 20, 2015, after the period of the said project implementation expires.

(Public Notice of Dongdaemun-gu, K, hereinafter referred to as the "Public Notice of the Modification of the Project in this case").

The Seoul Metropolitan Government Local Land Tribunal's ruling on expropriation L was the owner of multi-household multi-family housing (hereinafter "instant building") on the second floor in the Dongdaemun-gu Seoul Metropolitan Government M M M's ground brick slive roof located in the improvement zone, and was subject to cash settlement. On November 1, 2016, the Defendant filed an application for adjudication.

Accordingly, on June 12, 2017, the Defendant applied for a ruling to the Seoul Special Metropolitan City Regional Land Tribunal, and on December 22, 2017, the Seoul Special Metropolitan City Local Land Tribunal rendered a ruling of expropriation of the instant building (hereinafter “instant ruling of expropriation”).

C. On September 24, 1985, the deceased L L L L L L L L L L was a move-in report at the location of the instant building, and continued to reside in the instant building, and died on January 4, 2018, which was after the instant decision of expropriation was rendered. The deceased on January 4, 2018, which was the spouse, jointly inherited at the 3/15 of the Plaintiff A, and the remaining plaintiffs, who are children, respectively.

[Ground of recognition] Unsatisfy, A(1) through (3)