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(영문) 서울행정법원 2018.09.14 2017구합1889
수용재결취소등
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

An intervenor in the process of ruling is a cooperative established to implement a housing redevelopment project (hereinafter “instant project”) in the area of 24,796 square meters in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul, and obtained authorization to establish an association from the head of Seongdong-gu Seoul Metropolitan Government on September 8, 2004.

The head of Seongdong-gu publicly announced the authorization to implement the instant project on March 16, 2006, and publicly announced the authorization to implement the management and disposal plan on June 28, 2007, and the authorization to revise the management and disposal plan on January 26, 2017, respectively.

(2) On the other hand, on November 24, 2016, the Plaintiff, the owner of the first floor F (85.8 square meters of building size, 46.28 square meters of site size) among the above commercial buildings and multi-household houses located within the instant project zone, and the Plaintiff, the owner of the underground floor G (76.08 square meters of building size, 33.05 square meters of site size) among the above commercial buildings and multi-households, filed an application for a ruling to expropriate the Plaintiffs’ land as a member of the Plaintiff, who did not conclude a sales contract after applying for parcelling-out, and the Defendant, on February 24, 2017, filed a ruling to expropriate the said land owned by the Plaintiffs (hereinafter “instant ruling to expropriate”).

[Reasons for Recognition] Under Articles 54(1), 54(2), and 55(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), Party A’s evidence Nos. 1, 2, 5, 20 (including each number; hereinafter the same shall apply), Eul’s evidence Nos. 1, 3, and 54(1), and 54(2), and 55(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), a project implementer who implements a housing redevelopment project shall immediately notify the purchaser of the matters prescribed in the management and disposal plan through a site confirmation survey and division of land, and transfer the ownership of the

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