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(영문) 서울행정법원 2015.07.24 2015구합52753
이축권부여거부처분취소 등
Text

1. The instant lawsuit shall be dismissed.

2. Of the litigation costs, the Plaintiff and the head of Guro-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

A. On September 5, 2013, the head of Guro-gu Seoul Metropolitan Government (hereinafter “head of Guro-gu”) obtained authorization for an implementation plan for urban planning facility development project (third) with a total of 1,444 square meters of land (hereinafter “instant land”) other than the Seoul Guro-gu Land (hereinafter “instant land”) designated as a development restriction zone from August 25, 1972, which was prior thereto, and publicly announced.

B. On August 22, 2014, according to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects at the request of the head of Guro-gu Seoul Metropolitan Government, the local Land Tribunal: (a) determined the commencement date of expropriation as October 10, 2014 by designating each obstacles listed in the attached list owned by the Plaintiff on the instant land (hereinafter collectively referred to as “instant building”).

(hereinafter referred to as “instant acceptance ruling”). C.

On October 1, 2014, the head of Guro-gu announced the Plaintiff on October 1, 2014, that the Plaintiff deposited KRW 41,610,200 of the compensation determined by the instant decision of expropriation, and around that time, removed the instant building, and on October 6, 2014, the head of Guro-gu announced the Plaintiff to the effect that the right of reconstruction is recognized only to D with respect to the instant building.

On October 14, 2014, the Plaintiff submitted a written objection stating that “the right to interest should be granted to the Plaintiff” under the title of the objection related to the right to interest and interest, to the head of the Guro-gu Office.

(hereinafter “Application for this case’s transfer right grant”). E.

On October 29, 2014, the head of Guro-gu Office transferred the ownership of a building on the land of this case to E, F, and D, and reached the present time. Since the ownership of the building was designated as a development restriction zone on August 25, 1972 and was managed as one building on the building management ledger after it was designated as a development restriction zone on August 25, 1972, the right of reconstruction occurred only once. Thus, the owner of the building is granted only once to D, and you have the right of reconstruction.

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