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(영문) 서울행정법원 2018.07.18 2018구단55077 (1)
변상금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant’s land ownership 1) The Defendant’s public property and Commodity Management Act (hereinafter “Public Property Act”).

) The public property as prescribed in Article 2 subparagraph 1 of the Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as “Osan-dong”) is the public property.

() 223-4 Mom269.7 Mam206 ( May 29, 2006) is “Magsan-dong 191.3 Mam200,000 square meters.”

The “instant land” regardless of whether it was before or after the division.

(2) The land of this case was in the shape of a road, and its original land category and status were both owned and managed. However, around March 2003, the Defendant decided to abolish the land of this case by deeming that the land of this case was lost its function as a road. The land category of this case was changed to the site on March 17, 2003.

B. The Korea Rail Network Authority (No. 1) on October 7, 2004, pursuant to the former Public Railroad Construction Promotion Act (No. 7304, No. 7304, Dec. 31, 2004) from the Minister of Construction and Transportation on October 7, 2004, the Korea Rail Network Authority (No. 7305, Jul. 1, 2005; hereinafter the same shall apply)

【Approval of the implementation plan for the project for the project for the project for the construction of ducts (U.S. ~S.) which is a public railroad construction project pursuant to Article 3 (hereinafter “instant project”), and the said approval is “approval of the implementation plan for the project of this case”

2) As part of the instant project, the Korea Rail Network Authority started the construction of the Central Media Broadcasting Station (hereinafter “instant railroad station”) in Eunpyeong-gu Seoul Special Metropolitan City Search-dong and 37-2 and 7 lots (hereinafter “the site planned to be newly built as the instant railroad station”) located near the same area of the instant land.

3) However, the sewage car route established and managed by the Defendant in the underground space of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “sewage car route”).

) The part of the site to be newly built as the instant railroad station and the part of the instant land transiting through the underground of the instant land (hereinafter referred to as “the instant land transit through the sewage car route”).

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