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(영문) 서울행정법원 2019.06.21 2018구합69301
지목변경신청 거부처분취소
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 Plaintiff is a housing redevelopment and rearrangement project partnership that implements a housing redevelopment and rearrangement project (hereinafter “instant project”) in the Seodaemun-gu Seoul Metropolitan Government Seoul Metropolitan Government 284,637m2.5m2.

B. The Plaintiff owned the Seodaemun-gu Seoul Metropolitan Government 452.8 square meters (hereinafter “instant 1”) and the Seodaemun-gu Seoul Metropolitan Government 185.8 square meters (hereinafter “instant 2”) as reserved land within the said rearrangement zone.

C. On October 17, 2017, the Plaintiff filed an application with the Defendant for the correction of the land category of the instant land No. 1 from “road” to “road,” and the land category of the instant land No. 2 from “park,” but the Defendant returned the Plaintiff’s application on December 4, 2017.

(hereinafter “Disposition in this case”). [Grounds for recognition] A without dispute, entry of Gap 1 through 5, and evidence 9 through 14, the purport of the whole pleadings.

2. The Plaintiff’s assertion that the land category of each of the instant lands ought to be corrected to “building site,” and thus, the instant disposition is unlawful.

① The Defendant did not have any legal basis for determining the land category of the instant land as a road, and the land category of the instant land as a park.

② Each of the instant lands is reserved land. Where the land category of each of the instant lands is designated as a “road” or “park,” the Plaintiff cannot actually sell each of the instant lands, and thus cannot complete liquidation procedures.

As to the instant business, the Defendant classified the reserved land, including each of the instant land, to be sold, and obtained a management and disposal plan that reflects the amount of revenues. The land category of each of the instant land is unlawful in violation of the management and disposal plan

③ Although the land category of the other reserved land in the instant rearrangement zone was determined as a building site, the land category of each of the instant land is contrary to equity by setting it as a “road” and “park.”

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

(a)a fact of recognition;

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