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(영문) 서울고등법원 2014.11.20 2014누46739
토지수용재결신청거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. From April 16, 1968 to April 28, 1973, 1) I sold 2,556 square meters as a site by dividing the land into several lots, such as having divided K 192 square meters in Gangseo-gu Seoul, Gangseo-gu, Seoul, into several sites, and selling 2,556 square meters as a site. As above, the remaining land was sold as a site connected to each land sold as a housing site. On July 11, 1973, I applied for a change of the land category of the above land into a road, and the land category of J 486 square meters in Gangseo-gu, Seoul, and then divided into a road with 3,042 square meters in Gangseo-gu, Seoul, into a building site.

3) Qua succeeded to the area of 771m2 from I on March 21, 198, Gangseo-gu Seoul Metropolitan Government J road, and on October 12, 1995, the above land was ① 181m2 and ② 192m2m2 on C road (hereinafter “instant land”).

(2) On April 6, 196, the head of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Gangseo-gu”) made a decision on August 16, 1976, the decision on urban planning (road) on March 17, 1992, and the decision on modification of urban planning (road) on March 17, 1992, and Articles 10 and 25 of the former Urban Planning Act (wholly amended by Act No. 6243, Jan. 28, 200; hereinafter the same) by the head of Gangseo-gu as a project implementer, and the head of Gangseo-gu was divided into 199 square meters and 199 square meters of S road.

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