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(영문) 서울행정법원 2015.03.27 2014구합15122
수용부작위위법확인
Text

1. The Defendant filed an application for adjudication with respect to each real estate listed in the separate sheet dated May 30, 2012 by the Plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Improvement of Urban Areas and Dwelling Conditions for Residents established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement a housing redevelopment and improvement project (hereinafter “instant project”) whose project area covers 283,260.7 square meters in Seodaemun-gu Seoul Metropolitan Government D (C District), and the Plaintiffs are co-owners (including Plaintiff A’s shares and Plaintiff B’s shares 2/3) of each real estate listed in the attached list in the said project area (hereinafter “instant real estate”).

B. On September 4, 2007, the Defendant obtained authorization for the implementation of the Seodaemun-gu Seoul Special Metropolitan City project on the implementation of the project, and on September 5, 2007, “from September 6, 2007 to October 6, 2007,” the application period for parcelling-out was determined and publicly announced as the period for applying for parcelling-out (hereinafter “first application for parcelling-out”). Meanwhile, the Defendant established a management and disposal plan and obtained authorization from the head of Seodaemun-gu Seoul Special Metropolitan City on June 26, 2008 from the Seoul Administrative Court (2008Guhap28714) on June 11, 2009. The above judgment was dismissed from Seoul High Court (2009Nu19177) to June 11, 2009, and the Defendant changed the application period from June 11, 2009 to the approval period of the implementation of the project to June 29, 2010 (hereinafter referred to as “the above application period was changed from the Seoul Special Metropolitan City Mayor 10106Du1010101.101.1.

(hereinafter) The procedure for the application for parcelling-out shall be referred to as the "application for parcelling-out". According to the public announcement of this case, the "person who has not filed an application for parcelling-out" shall be liquidated in cash pursuant to Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and expropriate land and buildings pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, but it shall be within

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