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(영문) 서울행정법원 2015.02.11 2013구단17810
변상금부과처분취소
Text

1. The Defendant imposed on the Plaintiffs on July 22, 2013, KRW 9,663,840 and KRW 61.

Reasons

1. On July 22, 2013, the Defendant imposed on the Plaintiffs KRW 9,663,840 and KRW 61,535,810, respectively, each of the real estate (hereinafter referred to as “contestable real estate”) indicated in the separate sheet (hereinafter referred to as “contestable real estate”) owned by Seoul Special Metropolitan City or Jung-gu Seoul Special Metropolitan City (hereinafter referred to as “China-gu”) as indicated in the separate sheet, on July 22, 2013, as indicated in attached Table 1.

(hereinafter “each disposition of this case”). [Grounds for recognition] A-1 through 3-3, B-1 through 4-6, 8-1 through 8-7

2. Whether each of the dispositions of this case is legitimate

A. (1) The Plaintiffs were engaged in explosives sales business in the key real estate unit using the real estate-based buildings listed in paragraph (1) of the attached Table No. 1 and the ground powder height of the real estate listed in paragraph (3) of the same Article (a total of the above buildings and powder height).

(2) In accordance with the Defendant’s authorization and public notice of “D Project” and the Seoul Special Metropolitan City Regional Land Tribunal’s ruling of acceptance, the Jung-gu, as shown in attached Table 1, completed the expropriation compensation for the real estate at issue.

(3) On December 29, 2010, the Plaintiffs entered into an agreement with the deputy head of Jung-gu and Jung-gu with respect to real estate issues (hereinafter “instant agreement”).

When the compensation is completed, the owners of land, etc. and interested parties shall ensure that all obstacles within the land shall not be hindered in the park creation project implemented from January 2013.

Provided, That in the event of voluntary performance, no objection shall be raised even if all obstacles are voluntarily handled by the Jung-gu Office.

The head of Jung-gu, as agreed, shall not implement administrative procedures on any obstacle on the land by the end of December 2012 (for a two-year reservation), and shall immediately notify the interested parties of the formal document.

(4) The mid-gu Seoul Central District Court 2013Gahap10654) filed a lawsuit seeking the delivery of the real estate in question with the plaintiffs (Seoul Central District Court 2013Gahap10654).

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