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(영문) 서울행정법원 2013.06.14 2012구단17943
도로점용료부과처분취소
Text

1. Of the instant lawsuit, the part of the claim for cancellation against the notice of additional dues shall be dismissed.

2. The Defendant’s on April 2012 to the Plaintiff.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff is the Plaintiff’s project implementation authorization for the housing reconstruction project. 18-1 and 7 lots (hereinafter “instant project zone”) located in Seocho-gu Seoul Metropolitan Government.

3) A housing reconstruction project (hereinafter “instant project”) refers to the housing reconstruction project

(2) On November 11, 2002, the Seoul Special Metropolitan City Mayor publicly announced the basic plan for the development of the apartment zone (a modification) with respect to the size of 2,714,01.2 square meters including the project area of this case as of November 11, 2002, the Seoul Special Metropolitan City Mayor announced the establishment of the Plaintiff on June 27, 2003.

On December 31, 2004, the Defendant: (a) on December 31, 2004, authorized the Plaintiff to implement the housing reconstruction project (hereinafter “instant project implementation authorization”); and (b) on January 3, 2005, publicly notified the instant project implementation authorization.

3) The instant project implementation authorization: (a) the Plaintiff installed a park of KRW 11,803.8 square meters in the instant project zone at the expense of KRW 67,386,485,50; and (b) installed a road of KRW 8,626.0 square meters in the instant project zone at the expense of KRW 63,86,693,00; and (c) installed within the instant project zone at the expense of KRW 21,544.3 square meters in the road, which is an infrastructure for the improvement, which is installed for the abolition of the instant project; and

2) As to the park of this case, the park of this case is 95,160,679,000 won, which is 26,565,90,000 square meters for ditches 6,355.5 square meters for a ditch, and 13,606.8 square meters for a park (hereinafter “instant park site”).

(2) Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) and the Enforcement Decree of the same Act concerning public property and Commodity Management Act (hereinafter “Public Property Act”) for the period from the date of actual commencement to December 31, 2007 on the ground that the Plaintiff is using co-owned land within the instant project area without entering into a permission for use or a loan agreement, on December 31, 2007.

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