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(영문) 서울행정법원 2017.12.08 2017구합3281
환지청산금
Text

1. The Plaintiff, the Appointor G, the 36,580,786 won, the Defendant E, the Appointor H, the Defendant (Appointed Party) respectively, and the Defendant.

Reasons

1. Basic facts

A. Summary of Zone A Urban Development Project (hereinafter “instant project”) - Public notice of the designation of an urban development zone and the formulation of a development plan ( Gyeonggi-do public notice I) on December 6, 2004 - Designation of an urban development zone (revision) on July 10, 2006, authorization of a development plan (K) and an implementation plan (approval of an implementation plan) on December 5, 2006 - Land substitution Plan (K) on November 24, 2010, authorization of a development plan (amended) and an implementation plan (amended) on November 24, 2010 - Authorization of a land substitution plan (M) on November 26, 2010 (hereinafter “instant land substitution plan”). Public notice of a land substitution disposition (hereinafter “instant land substitution disposition”) on December 3, 2010

B. Status A 1) The District Urban Development Project Association (hereinafter “instant Association”)

(2) On May 17, 2005, the Plaintiff was a member of the instant association, which owned 1,321 square meters (hereinafter “land substitution”) of O forest land in Yongsan-si, which is the previous land in the instant project area, and was replaced by Ppppp. 357.1 square meters (hereinafter “after land substitution”) following the instant land substitution disposition.

3) The instant association was declared bankrupt on June 3, 2014, and the Plaintiff took over the instant legal proceedings as the bankruptcy trustee of the instant association. (4) The Deceased died on October 23, 2014, and there was G, the Defendants, and the designated parties, the deceased’s spouse’s heir, G, the Defendants, and the designated parties H.

C. On December 3, 2010, the instant association, at the same time as the instant disposition of replotting, calculated the area of the deceased’s right as 321 square meters by removing a reduced area of 1,321 square meters from the area of land prior to replotting, based on the arithmetic average of the appraisal results for each disposition of replotting for the land appraisal corporations and for the land appraisal corporations, and calculated the area of the deceased’s right as 321 square meters. The area of the land after replotting is calculated as the area of the land after replotting.

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