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(영문) 서울행정법원 2014.11.07 2013구단22751
변상금부과처분취소
Text

1. The Defendant’s disposition of imposition of indemnity amounting to KRW 1,363,094,450 against the Plaintiff on September 4, 2013 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 25, 2007, the Plaintiff is a housing association that implemented a housing construction project that newly constructs an apartment of 886 households on the aggregate of 52,82.6 square meters from the 64-31 and 272 lots of land in Dongjak-gu Seoul Metropolitan Government with the approval of establishment from the head of Dongjak-gu Seoul Metropolitan Government.

B. On November 8, 2007, with respect to the Plaintiff’s housing construction project plan, the head of Dongjak-gu planned to create a neighboring neighboring park according to the Seoul Special Metropolitan City’s consultation opinion on the first-class district unit planning, the head of Dongjak-gu: (a) purchased the entire site adjacent to the Plaintiff’s project area (a total of 41,232 square meters of private land and a total of 14,646 square meters of State-owned land are mixed; (b) purchased the entire site adjacent to the Plaintiff’s project area (a total of 41,232 square meters of private land and a total of 14,646 square meters of State-owned land are combined; and (c) executed the park construction project, including the construction of park facilities, to restore the forest therein and to contribute all land and all facilities to the park management authority before

C. The Plaintiff asserted that among the above conditions of approval, the part that the Plaintiff purchased and made to be donated to Seoul Special Metropolitan City among state-owned land out of the scheduled site for the ornamental Park is unreasonable, and filed a civil petition for grievance with the Anti-Corruption and Civil

Therefore, the Anti-Corruption and Civil Rights Commission is justified by relaxing the limitation on the usage rate of the housing construction project as consideration for such act, while it does not have any legal grounds to justify the purchase of state-owned land in the commercial metropolitan park scheduled site, and the opinion requested by the Seoul Special Metropolitan City in consultation on the district unit planning is that the project implementer performs park construction works even on state-owned land in the planned park site.

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