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(영문) 서울행정법원 2014.05.29 2012구합1624
토지수용재결무효(취소)
Text

1. The plaintiff (Appointed) and the appointed party B's primary and conjunctive claim against the defendant in Dongjak-gu Seoul Metropolitan Government.

Reasons

Land listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “each of the instant land” in the attached Table No. 1 (hereinafter referred to as “each of the instant land”) owned by the network C in the course of the adjudication of expropriation, and where individual land is named, it shall be specified according to each of the relevant sequences), the Dongjak-gu Seoul Metropolitan Government Dad Forest (hereinafter referred to as “D”) and the Dongjak-gu Seoul Metropolitan Government E Forest (hereinafter referred to as “E”) are both forests and fields located

The deceased on October 7, 1976, the deceased land Nos. 1, D land, and E (hereinafter referred to as “each of the above lands before each of the above lands was transferred to the Plaintiff and G on May 31, 1996 by inheritance of each of the shares of 1/2 according to the agreement division between the Plaintiff and G, and the registration was completed.

On December 1, 1973, the Minister of Construction and Transportation, as H, publicly notified the Construction Division’s announcement, publicly announced the area of the redevelopment project (hereinafter “instant redevelopment project”).

However, in the vicinity of the J District, 358,280 square meters (F Park) of a park determined as the first urban planning facility (park) as K on March 12, 1940, which was located in the vicinity of the J District, was designated as the “F Park” under the Public Notice of the Construction Division on July 9, 1977, and the Park Building Plan was decided by the Public Notice of the Construction Division on December 23, 1983. However, according to the Public Notice of the Determination of the said District, 47,744 square meters, which is part of the said area, were included in the redevelopment project district of this case.

However, the above 47,744 square meters, which were incorporated into the redevelopment project zone, was installed as a mountain corridor with a width of 6 to 8 meters, and the upper part of the building without permission was located at the boundary of the mountain corridor. However, on April 26, 1982, the construction department's announcement was excluded from the redevelopment area, and the lower part of the park was included in the redevelopment area as a mountain corridor, and the lower part was determined to maintain the park as a park. As such, the residents of the building without permission located in the above upper part area filed a collective civil petition.

Accordingly, the construction department decided to modify the redevelopment area and the modification of the urban planning facilities as the O announcement of the construction department on May 9, 1990.

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