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(영문) 서울행정법원 2016.05.12 2015구합73644
수용가산금채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was authorized to establish an association on July 30, 2008 by the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “the head of Seongbuk-gu”) as a housing redevelopment and rearrangement project association established to implement a housing redevelopment and improvement project (hereinafter “instant improvement project”) in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant improvement zone”).

B. The Plaintiff obtained project implementation authorization from the head of Seongbuk-gu Office on July 21, 2009. On December 26, 2013, the Plaintiff obtained authorization from the head of Seongbuk-gu Office to change the project implementation (the content is to increase the total floor area from 123,250.20 square meters to 133,964.24 square meters, the floor area ratio from 230.90% to 259.52%, respectively, to add two buildings, to increase the total commercial households, to increase the total floor area from 7333 households to 939 households, and to obtain authorization from the head of Seongbuk-gu Office on February 26, 2015.

C. The Defendants’ land, etc. located within the rearrangement zone of this case and owned by the Defendants, which were owned by the Plaintiff as the Plaintiff’s members, are as indicated in the “number” column of each Defendant’s compensation for losses.

(The above land, etc. is located in Seongbuk-gu Seoul Metropolitan Government AZ).

The Plaintiff shall publicly announce the application for parcelling-out as the period for the application for parcelling-out and received the application for parcelling-out from November 12, 2012 to January 30, 2013. The Plaintiff received the application for parcelling-out as a member after obtaining authorization for the implementation of a project as above. The Plaintiff again received the application for parcelling-out as the period for the application for parcelling-out to February 12, 2014, by adding the two-lane “from January 10, 2014 to February 12, 2014” and received the application for parcelling-out by extending it to February 24, 2014

E. Defendant AK and AO filed an application for parcelling-out within the first period of application for parcelling-out, but did not file an application for parcelling-out during the second period of application for parcelling-out, and the remaining Defendants did not file an application for parcelling-out within the first period of application for parcelling-out.

F. Meanwhile, the Defendants are as follows.

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