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(영문) 서울행정법원 2015.04.10 2014구합19971
관리처분계획일부취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment Project Association established with the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) on the size of 104,970 square meters. The Defendant is the Seongbuk-gu Seoul Metropolitan Government Head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “head of Seongbuk-gu”) and approved the establishment of an association on June 25, 2009.

B. On October 29, 2012, the Defendant received an application for parcelling-out from the members from January 4, 2013 to March 24, 2013 after obtaining authorization to implement the instant rearrangement project from the head of Seongbuk-gu Office.

C. Meanwhile, from February 17, 2005, the Plaintiff owned 50 square meters in Seongbuk-gu Seoul (hereinafter “instant land”) which is the land within the instant rearrangement project implementation zone, and, from July 8, 2003, E, the Plaintiff’s omission, owned 129 square meters in size directly adjacent to the instant land (hereinafter “instant adjoining land”) and one unit of an unauthorized house.

The Plaintiff filed an application for parcelling-out with the Defendant on February 20, 2013, E, March 4, 2013, and the Defendant passed a resolution on a management and disposal plan stating that an unauthorized house on the instant land and the instant neighboring land is a single building, and is subject to parcelling-out on the ground that it is owned by E, and is subject to cash settlement, and the Plaintiff was subject to a management and disposal plan by the head of Seongbuk-gu Office on April 24, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 9, Eul evidence Nos. 1 through 10, the purport of the whole pleadings

2. Determination

A. From 1981, the Plaintiff’s assertion on the land of this case had separate houses independently from the land without permission (hereinafter “the land of this case”) located on the land of this case, and the Plaintiff owned the part on the land of this case. However, the Plaintiff was not registered on the land of this case on the land of this case on the land of this case on the land of this case on the land of this case on the land of this case.

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