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서울행정법원 2017.11.24 2016구합78844
추가부담금 등 부과처분 무효확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On November 7, 2005, the Governor of the Gyeonggi-do designated and publicly announced the size of 59,647.6m2 as the “E Housing Redevelopment Improvement Project Zone” (hereinafter “instant project zone”), and on November 24, 2005, the Sungnam-si was designated and publicly announced as the project implementer of the instant project.

On August 20, 2007, the Governor of the Gyeonggi-do designated and publicly announced the instant project area as the Filwon 75,352 square meters in Seongbuk-gu, Sungnam-si.

The Plaintiffs were owners of the land within the instant project zone.

B. In around 2007, the Defendant established a management and disposition plan with 1,140 housing subject to supply [the housing unit 927 households (126㎡ 31, 114С) 424, 59С 276, 213 households of rental housing (59С 86, 39С)] and 122.62% of proportional rate (hereinafter “the first management and disposition plan”).

1) The term “rights value” refers to the total value of the previous land, etc. calculated as of the base date of the management and disposition plan; 2. The development gains accrued from the implementation of the project refers to the value calculated by dividing the value of the previous assets by the appraised value of the previous assets (referring to the percentage of expenses).

4. The proportional ratio: The ratio of development gains (total revenue estimated - the total expenditure estimated - the aggregate of the average of the appraised values of the previous land or buildings of the owners of a plot of land, etc. to be liquidated as the amount of rights) anticipated through a redevelopment project; = 122.62% = 530,749,38,693- 259,380,625,060 x 100 221,305,054,584,584

C. On November 18, 2009, November 26, 2009, the Plaintiffs entered into a contract on the payment of charges with the Defendant for the payment or payment of the settlement money calculated by applying the proportional rate of 122.662% as stipulated in the original management and disposition plan.

Plaintiff

A is to receive KRW 136,408,00 from the Defendant, and the Plaintiff B paid KRW 99,616,000 to the Defendant.

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