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(영문) 서울행정법원 2018.07.26 2017구합57127
행위허가신청 반려처분 취소의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is a co-owner of the A shopping mall No. 2, the underground floor No. 3, the first floor No. 102, and the second floor (bank stores) located on the land of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant land”).

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an association authorized by the Defendant to implement a reconstruction project on the land and on the land of Gangnam-gu Seoul and one parcel.

B. The Plaintiff filed a lawsuit with the Seoul Central District Court against the Intervenor and D (hereinafter referred to as the “ Intervenor, etc.”) seeking removal of the chimney on the ground of the instant land (hereinafter referred to as the “instant chimney”) and delivery of the instant land. On June 15, 2016, the said court rendered a decision of recommending reconciliation (hereinafter referred to as the “decision of recommending reconciliation”) as follows. The instant decision of recommending reconciliation was finalized around that time.

(2016da508167) On January 1, 201, the Plaintiff and the Intervenor, etc. confirm that the instant chimney was owned by the sectional owners of A apartment before reconstruction and the sectional owners of the instant commercial buildings, and that the Intervenor succeeded to the rights and obligations of the sectional owners of A apartment before reconstruction.

2. The Plaintiff, the Intervenor, etc. consented to the removal of the said chimney and if the said chimney is to be removed through the lawful procedures prescribed by the Act in the future, the costs of removal shall be borne as prescribed by the Act.

3. The plaintiff withdraws the lawsuit of this case, and the intervenor et al. consents thereto.

4. The costs of lawsuit shall be borne by each person;

C. The Intervenor filed with the Seoul Central District Court an application for provisional injunction against removal of the instant chimney against the Plaintiff and Samdung Development Co., Ltd. (hereinafter referred to as the “Plaintiff, etc.”) when referring both the Plaintiff and Samdung Development Co., Ltd. (hereinafter referred to as the “Plaintiff, etc.”). On November 18, 2016, the said court rendered a provisional injunction against removal of the instant chimney.

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