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(영문) 서울행정법원 2017.11.30 2016구합85057
수용재결취소
Text

1. The plaintiff's claim against the defendant local land expropriation committee is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. 1) The Defendant Union was designated as the Seoul Eunpyeong-gu Seoul Metropolitan Government Public Notice No. 2010-106 on March 25, 2010 as the rearrangement zone (Seoul Metropolitan Government Notice No. 2010-106 on March 25, 2010).

hereinafter referred to as “instant rearrangement zone”

(2) On June 25, 2010, the Plaintiff was a cooperative established on June 25, 2010 in order to implement a housing redevelopment improvement project, and the Plaintiff changed the category of land to “a religious site” from “a religious site” to “a religious site as indicated in attached Table 1, Eunpyeong-dong, Eunpyeong-gu, Seoul, 222-11, located in the instant rearrangement zone.

(2) On April 9, 2015, the Defendant Union received project implementation authorization from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “head of Eunpyeong-gu”) on April 9, 2015 (Public Notice of Approval for Project Implementation: Notice of Eunpyeong-gu Seoul Metropolitan Government Public Notice of Notice of Approval for Project Implementation, No. 2015-20), May 26, 2015 to July 14, 2015, and the Plaintiff did not apply for a parcel of land to the Defendant Union.

3) On December 22, 2015, the Defendant Union held an extraordinary general meeting and passed a resolution on a management and disposition plan containing the contents of classifying the Plaintiff as a cash liquidation agent; and on February 25, 2016, obtained authorization from the head of Eunpyeong-gu (hereinafter “instant management and disposition plan”).

B. B. The Defendant Committee’s acceptance ruling on October 28, 2016 (hereinafter “instant acceptance ruling”)

- The date of commencement of expropriation: - Land and obstacles listed in attached Table 1 owned by the Plaintiff (hereinafter referred to as “instant land”) and the above obstacles shall be deemed to be obstacles to the instant land.

2) As well as religious activities conducted on the instant land and obstacles (hereinafter “instant business”), and facilities related thereto are “the instant business site.”

- Compensation: An appraisal corporation as stated in the “adjudication amount” in the attached Table 2 attached hereto - An appraisal corporation for a stock company and an appraisal corporation for a stock company.

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