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(영문) 서울행정법원 2017.09.01 2016구합60805
기타부담금부과처분취소
Text

1. On April 5, 2016, the Defendant issued a disposition to pay expenses for administrative vicarious execution (red red 12 area restoration works) to the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 12, 2007, the Plaintiff was a redevelopment project partnership that obtained authorization for the establishment of the Seodaemun-gu Seoul Metropolitan Government Hongdong as a project implementation district (hereinafter “instant redevelopment district”) with a size of 441 to 26,421.7 square meters from the Defendant on November 12, 2007, and obtained authorization for the implementation of the project on June 8, 2009.

The defendant is the management agency of Seodaemun-gu Seoul Uniform 48-ro (hereinafter referred to as the "road of this case") adjacent to the redevelopment district of this case.

In the redevelopment area of this case, approximately 90 meters of stone axiss (hereinafter “the stone axis of this case”), and the stone axis of this case constitutes a boundary with the road of this case.

B. From September 2012, the Plaintiff removed the buildings within the instant redevelopment area, and around that time, the Plaintiff removed the buildings, including the housing located in the instant stone shed.

C. On July 12, 2013 and July 13, 2013, where the instant road and the instant stone axis were located, an accident occurred that concentrates around two days (hereinafter “instant accident”) and around 25 meters in the direction of the instant road from the 25m section of the instant stone axis and the upper part of the stone axis around July 13, 2013, around 03:30, and around 1.5 meters in the direction of the instant road from the 25m section of the instant stone axis and the 1.5m in the direction of the instant road from the tin stone axis, and was located at the edge of the lost road (hereinafter “instant accident”).

D. On July 15, 2013, the Defendant conducted an emergency safety inspection through technical advisers in order to identify the cause of the instant accident and to prepare countermeasures.

Technical advisory members have removed houses existing in the instant stone axis for redevelopment, exposed to the tin axiss, and a concentrated dump dump dump in that part,” and as a measure, “emergency measures, such as facilities, etc. are required from the flood spreading and lower part to prevent additional collapse,” or “the temporary soil dumping from the H-ptile and lower part to prevent additional collapse” or “the passage of vehicles until the temporary soil dump is installed by emergency measures and the construction is completed.

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