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(영문) 서울행정법원 2019.05.09 2019구단51126
변상금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 5, 1965, the Plaintiff completed the registration of ownership transfer with respect to Dongjak-gu Seoul Metropolitan Government Bdong (hereinafter “Bdong”) Category C, 148.

On December 28, 1987, the above land became C road 489 square meters following the change of land category and the conversion of area into a unit, and on the same day, D and four lots were combined, and C road 1,917 square meters were combined.

B. On July 2, 1966, the Plaintiff completed the registration of ownership transfer with respect to E Large 100 square meters.

On December 28, 1987, the area of the above land became 331 square meters as a unit conversion, and on the same day, the above land was combined with F and 11 square meters, and E, the land category was changed and the land category was 16,379 square meters, and E, a school site was 16,379 square meters.

On January 28, 198, G land was combined and became 16,667 square meters for E school site.

The Plaintiff used the land E as the school site of H University, College of Education, and Middle School.

C. Around 1990, the Dongjak-gu Office planned the construction of the route name “K,” and route number “L” road (hereinafter “instant road”). As part of the E land and ground buildings and land C were incorporated into the road zone, the office requested the Plaintiff to consult on compensation for losses.

Accordingly, on July 5, 1990, E was divided into 16,587 square meters for E school sites and 80 square meters for M school sites. C land was divided into 1,417 square meters for C roads and 500 square meters for N., and the Dongjak-gu Office completed the registration of transfer of ownership on the ground of the acquisition of public land for M land, C land and part of 83 square meters for E land on the same day.

E. Since July 21, 1994, the land of O and 12 lots was combined into the 1,965 square meters on the C-road 1,417 square meters. On June 18, 2015, P-road 322 square meters, Q-road 7 square meters, R-road 193 square meters, S road 131 square meters, T-road 1,082 square meters were divided.

The above P, Q and R Land (hereinafter “each land of this case”) are in contact with the land E.

F. Meanwhile, the Dongjak-gu Office will implement the road construction of this case on around 1993, as well as the retaining wall (hereinafter “the retaining wall of this case”).

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