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(영문) 서울행정법원 2014.02.06 2011구합30403
손실보상금청구
Text

1. The plaintiff's claim against the Central Land Expropriation Committee is dismissed.

2. Defendant.

Reasons

1. The circumstances up to the adjudication;

A. On February 22, 2007, the head of Seongdong-gu Seoul Metropolitan Government established the redevelopment and rearrangement project association designated and publicly announced as a housing redevelopment and rearrangement project zone the size of 56-1 and 33,424 square meters (the Seoul Metropolitan Government Notice No. 2007-39, hereinafter “instant rearrangement project zone”); Defendant gold and 20 housing redevelopment and rearrangement project association (hereinafter “Defendant association”); the Defendant association’s housing redevelopment and rearrangement project implemented by the Defendant association is referred to as “instant project”).

4. The same year after obtaining authorization for establishment from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the "head of the Gu");

5. 22. Completion of the registration of incorporation.

B. On January 17, 2008, the Defendant Cooperative established the first project implementation plan and the implementation plan of the instant project, and applied for authorization to the head of the Gu. The head of the Gu approved and announced the project implementation plan (Article 2007-110 of Seongdong-gu Seoul Metropolitan Government public notice, hereinafter the above "first project implementation plan"), and the project cost of the instant project is KRW 104 billion, and the implementation area is KRW 33,429.7 square meters, total floor area of the building 96,937.6 square meters, floor area ratio of 191.58%, and building 578 households, 15 stories underground or ground floors, by applying the project cost of the instant project to the extent that the project cost of the instant project is KRW 104 billion,000,000,000,000,000 won.

C. On March 12, 2009, the Seoul Special Metropolitan City Mayor’s change of the improvement zone and the change of the project implementation plan into a certain area (2,201.3 square meters) for the rational use of land in the improvement zone and made a public announcement of the designation of a gold and 20 housing redevelopment improvement zone (209-98 of the Seoul Special Metropolitan City’s notification) by converting the area of the improvement zone into a 35,631 square meters (2,201.3 square meters) and changing the area of the improvement zone into a 182,291,179,00 won for the project of this case (35,631 square meters of the implementation area, construction area into a 108,869 square meters, and the floor area ratio into a 199% higher than the 3rd to the 15th to the ground.

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