토지수용재결처분취소등
1. Plaintiff B, among the judgment of the court of first instance, as to the money that orders payment below.
1. Basic facts
A. On May 10, 2010, the macro-si Si announced D, Dao-si, Dao-si, Dao-si, 810,722 square meters of Ewon, “F development project” (hereinafter “instant project”), and designated the instant project implementer as the Defendant company, and publicly notified the designation of urban planning facilities (sports facilities and roads) and the authorization of the implementation plan.
On May 19, 2010, the macro-si announced G, which corrected the scheduled commencement date as stipulated in the said notification from “within one month from the authorization date” to “within three months from the authorization date”, and on July 1, 2010, the macro-si announced H, which corrected the area of the land incorporated into the business from “810,72 square meters” to “810,772 square meters.”
B. On July 29, 2010, the Defendant Company: (a) prepared land and goods protocols; and (b) requested the Plaintiff to purchase the land owned by the Plaintiff, but did not comply with the request; and (c) filed an application for adjudication on expropriation with the Defendant Committee (hereinafter “application for first adjudication on expropriation”).
As the Plaintiff did not comply with the procedures necessary therefor while entering the Plaintiff’s land for survey and investigation, the Defendant Company applied for permission to enter the Plaintiff’s land and received permission to enter the land from December 14, 2010 to December 9, 2010 (208:0 to 18:00), and notified the Plaintiff of the land entry on December 10, 201.
In addition, the macro-market publicly announced the entry of the land I on the same day, and notified the plaintiff of the entry of the land.
On December 15, 2010, Defendant Company withdrawn the application for the first expropriation ruling.
C. The Defendant Company: (a) newly drafted a land and goods protocol on December 16, 2010; (b) read and publicly announced an indemnity plan on December 20, 2010; and (c) on December 30, 2010 on the ground that there is a difference in the area of the incorporated land and the area of the incorporated land, the perusal period shall be December 31, 2010.