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(영문) 서울행정법원 2018.07.12 2017구합81830
사업시행계획인가취소
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. The Defendant is the owner of 315 square meters in Seoul C river (hereinafter “instant land”).

The plaintiff is a person who owns two unauthorized buildings and temporary buildings (container 2 containers and cellule steel framed structures) constructed on the ground.

The Plaintiff obtained permission from the Defendant from March 1995, and used 106 square meters and 2 square meters of a river among the instant land (hereinafter “instant occupation and use portion”).

B. On March 31, 2014, the Defendant purchased a building on the ground (hereinafter “instant commercial building”) around Seoul E and ten parcels, adjacent to the instant land, and planned to remodel it into a library for Gu residents (F Library; hereinafter “instant library”).

From around that time, the defendant granted permission to the plaintiff to use the occupation and use of this case on a three-month basis, and the plaintiff prepared a letter of performance that the plaintiff will restore the original state to the defendant when the above permission is revoked due to the defendant's business promotion.

C. On June 1, 2016, the Defendant established a plan for promoting the determination of urban planning facilities (public vacant land) around the instant library, including the creation of 203 square meters of the instant land as a resident shelter.

On September 22, 2016, after deliberation by around August 2016, the Defendant determined and announced it (Seoul Special Metropolitan City public notice G).

On November 7, 2016, the defendant established a promotion plan to authorize the project implementation plan of the above urban planning facilities (public vacant land).

The above plan included a plan for public inspection for the public announcement of the above authorization and a plan for the progress of compensation procedure for unauthorized buildings owned by the plaintiff.

E. On January 5, 2017, the Defendant approved and publicly notified the project implementation plan for the urban planning facilities (public vacant land) as follows.

(hereinafter referred to as “instant disposition”) . - Seoul - Project implementation location: The head of the Gu - The type of the project:

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