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(영문) 서울행정법원 2018.07.06 2017구합65197
관리처분계획취소
Text

1. The Defendant’s management and disposition plan approved by the head of Eunpyeong-gu Seoul Metropolitan Government on March 2, 2017 against the Plaintiffs.

Reasons

Details of the disposition

The Defendant was established in order to implement the housing redevelopment improvement project (hereinafter “instant project”) whose business area covers 36,458.6 square meters in Eunpyeong-gu Seoul Metropolitan Government D Il-dae, and the Plaintiffs are the members of the Defendant.

Plaintiff

A completed the registration of ownership transfer with respect to six-thirds of the E large scale 287 square meters in the instant project area on July 30, 2008, and Plaintiff B completed the registration of ownership transfer with respect to one-third of shares in E land and one-third of shares in F road 134 square meters on March 2, 2005, and six-third of shares in F land on September 15, 2005, respectively.

(2) On April 4, 2013, the Defendant: (a) obtained authorization to implement the instant project from the head of Eunpyeong-gu Seoul Special Metropolitan City (hereinafter “G”) and H (hereinafter “H”); and (b) requested an appraisal of the land and buildings within the instant project area including the instant land to be conducted on April 4, 2013, based on the date of authorization to implement the project, with respect to the land and buildings within the instant project area, including the instant land, including G and H (hereinafter “each of the instant appraisal corporations”).

Each appraisal corporation of the instant case calculated the appraised value within the scope of 1/3 of the assessed value of a nearby comparative standard site on the premise that each of the instant lands constitutes “de facto private road” as prescribed by Article 26(2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Enforcement Rule of the Land Compensation Act”).

The Defendant: (11,597,550 won = (G assessed in KRW 110,60,604,100 + H assessed in KRW 112,591,00) ¡À2 (E’s assessed in size 132.46 square meters), Plaintiff B79,392,145 won [18,602,40 won in size 18,602,40 won in size with one-third of E’s assessed value + (G assessed in KRW 18,768,600 + KRW 18,436,800 in size with the assessed value with respect to the share of KRW 6/13), which is an amount calculated by taking an arithmetic average of the appraised value of each appraisal corporation of the instant case (E’s assessed value of KRW 132.46 square meters in size), and KRW 18,602,400 in size with respect to the assessed value of KRW 18,436,800 in size with respect to the share of land.

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