수용이의재결 보상금 감액청구
1. On August 22, 2019, the Central Land Tribunal rendered an objection to the Plaintiff on August 22, 2019, the Plaintiff’s Defendant (Appointed Party).
1. Basic facts
A. The Plaintiff is an association established with the authorization of establishment on September 9, 2008 to implement a housing redevelopment improvement project with the Seongbuk-gu Seoul AB large-scale 17,837 square meters as a project implementation district (hereinafter “instant rearrangement project”). The Defendants are owners of land, etc. in the said project implementation district.
B. On March 20, 2014, the Plaintiff received an authorization to implement the instant improvement project from the head of Seongbuk-gu Seoul Metropolitan Government and received the application for parcelling-out from May 26, 2014 to July 26, 2014. The Defendants became eligible for cash settlement because they failed to apply for parcelling-out within the above period for parcelling-out.
C. The Defendants were not clear solely on the written application for adjudication filed between October 21, 2014 and July 27, 2017 (part of the Defendants appears to have filed a request for adjudication on two or more occasions, and part of the written application for adjudication filed with a documentary evidence is not the first submitted or the date on which the requester is unclear). According to the calculation of additional charges by the Seoul Special Metropolitan City Regional Land Tribunal, where both the Plaintiff and the Defendants dispute, Q of the appointed parties was on July 28, 2015 to July 27, 2017; R of the appointed parties was on July 27, 2017; Defendant I was on August 10, 2016; Defendant I was on January 2, 2015; U.S. did on January 2, 2017; Defendant L appears to have filed a request for adjudication on the remainder of the period on February 2, 2017 to February 27, 2017, respectively.
The Plaintiff filed an application for adjudication under Article 30 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and the Plaintiff filed an application for adjudication with the Seoul Special Metropolitan City Regional Land Tribunal on February 15, 2017. The Seoul Special Metropolitan City Land Tribunal decided on May 15, 201 on the commencement date of expropriation as of July 14, 2017 (hereinafter “the first adjudication on expropriation”), but the Plaintiff made the adjudication on expropriation with the Defendants until the commencement date of the said expropriation.