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(영문) 서울행정법원 2015.05.15 2014구합60528
부작위위법확인
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. On June 24, 2009, the Defendant is the Housing Redevelopment and Improvement Project Association (hereinafter “the head of Seodaemun-gu”) with the approval of project implementation on June 24, 2009 for the purpose of implementing the Housing Redevelopment and Development Project by making the Seodaemun-gu Seoul Metropolitan Government Seodaemun-gu 77,234.2 square meters as the business area, and the Plaintiff is the owner of the land and buildings indicated in the attached list in the said business area (hereinafter “instant real estate”).

B. The Defendant received the application for parcelling-out from September 1, 2009 to October 10 of the same year, and from October 15, 2009 to November 3 of the same year (hereinafter collectively referred to as “instant application for parcelling-out”). The Plaintiff applied for parcelling-out to the Defendant on October 27, 2009 during the above period.

C. On April 9, 2010, the Defendant: (a) held a general meeting for administration and disposal on a management and disposal plan; and (b) obtained approval for the management and disposal plan from the head of Seodaemun-gu on June 22, 201.

On November 201, 201, the Plaintiff requested the Defendant to liquidate cash without submitting the resettlement plan within the period for submitting the resettlement plan set by the Defendant. On July 30, 2012, the Plaintiff notified the Defendant that it could not respond to the negotiated price set by the Defendant, and sent content-certified mail to the Defendant requesting the Local Land Tribunal to make a ruling of expropriation.

E. Meanwhile, the Defendant changed the project implementation plan to the effect that the number of households originally planned to be 1,226 households is increased to 1,226 households by reducing the gross square type and increasing the number of small ordinary households. On December 27, 2013, the Defendant obtained an approval for change of the project implementation plan from the head of Seodaemun-gu on December 27, 2013.

Since then, the Defendant received an application for change of the ordinary type (hereinafter “application for change of the ordinary type”) from March 17, 2014 to April 16, 2014 as the period of application for change of the ordinary type (hereinafter “application for change of the ordinary type”) in order to change the ordinary type allocated to members according to the changed project implementation plan.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5, Eul evidence 1, 2, and 6.

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