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(영문) 대전지방법원 2016.04.06 2015가합957

청산금

Text

1. Of the instant lawsuit, the part of the appointed Q and R is dismissed.

2. The remaining claims of the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. Status 1 of the parties concerned

On July 31, 2006, the head of the Gu was established with the approval of establishment from the head of the Daejeon District Office. The non-party association is established on December 28, 2006 by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

) Pursuant to Article 28, the head of the Gu of Daejeon-gu Seoul Special Metropolitan City 63,052 square meters (hereinafter “instant improvement zone”) shall be the head of the Gu during Daejeon.

(2) A housing redevelopment and improvement project (hereinafter “instant rearrangement project”) with respect to housing redevelopment and improvement

Upon receiving the authorization for the implementation of the project, the head of Daejeon District Office publicly announced it to U.S. (2) The owners of lands, etc. who own real estate or obstacles within the rearrangement zone of this case, and the owners of lands, etc., other than the plaintiffs, Q and R (hereinafter referred to as the "Plaintiff, etc.") and the remaining designated parties except Q and R (excluding the plaintiffs and the designated parties Q and R).

Plaintiff

In opposition to the establishment of the non-party partnership, etc. did not apply for parcelling-out.

3) The Defendants are members of the non-party association. (B) On September 4, 2008, the non-party association filed an application for adjudication with the Land Expropriation Committee of Daejeon Metropolitan City on September 4, 2008. On November 28, 2008, the Land Expropriation Committee of Daejeon Metropolitan City decided on December 29, 2008 to expropriate the real estate owned by the Plaintiff and others.

(2) The non-party association failed to pay or deposit the compensation by the beginning date of the first expropriation decision, and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(3) On May 19, 2010, the first adjudication on expropriation was invalidated on December 30, 2008 pursuant to Article 42(1). The non-party union again filed an application for adjudication with the Expropriation Committee of Daejeon Metropolitan City on May 19, 2010. The Expropriation Committee of Daejeon Metropolitan City on August 5, 2010, the date of commencement of expropriation was as of September 9, 2010, and was below the second adjudication on expropriation of real estate owned by the plaintiff et al. such as the plaintiff.