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(영문) 서울행정법원 2017.10.27 2017구합4291
행정대집행 계고처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is the owner of the land listed in the attached Table 1 List 1 (hereinafter “instant land”) and the obstacles described in Paragraph 2 (hereinafter “instant land”) (hereinafter “instant real estate”).

Around May 2014, the Defendant decided to remove and rebuild C as a facility under hazard after being designated and publicly notified as a facility under safety level D as a result of a thorough safety inspection conducted by C located adjacent to the instant real estate.

On July 9, 2015, the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seongbuk-gu") made a decision on the alteration of an urban management plan and a topographical map (hereinafter referred to as the "instant urban planning") to expand the scope of roads necessary for the installation of bypass temporary bridge for the removal and remodeling of C, etc., and the instant real estate was included in the relevant planned zone.

In addition, the Defendant, on November 19, 2015, publicly notified the implementation plan (the project approval, the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) to implement the project under the instant urban planning.

(see Article 96(2)) and June 16, 2016, notice of change of implementation plan (approval of change of project) was made, and the instant real estate was included in land or goods to be expropriated or used.

The head of Seongbuk-gu Seoul Metropolitan Government announced the Seongbuk-gu Seoul Metropolitan Government public announcement of the compensation plan on January 29, 2016, and notified the plaintiff of the compensation plan.

On June 9, 2016 and July 13, 2016, the head of Seongbuk-gu Office sent a public notice to the Plaintiff requesting consultation on compensation for losses stating the arithmetic average of the appraised values of the real estate in this case as the amount of compensation on two occasions.

The defendant applied for expropriation ruling to the Land Tribunal.

On March 9, 2017, the Central Land Tribunal decided the amount of compensation for losses on the instant real estate as KRW 205,090,90, and the starting date of expropriation as of May 2, 2017.

(hereinafter referred to as "disposition of acceptance of this case"). The head of Seongbuk-gu shall be the plaintiff.

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