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(영문) 대전고등법원 2016.10.13 2016누11962

청산금

Text

1. The plaintiff (appointed party)'s appeal and selective claims in the trial are all dismissed.

2. Appeal;

Reasons

1. The reasoning for this part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance, except for the dismissal of part of the reasoning of the judgment of the court of first instance as follows. Thus, this part of the reasoning is cited by Article 8(2) of the Administrative Litigation Act

Under Chapter 3, Chapters 2 through 4, 2, 2, 2, 2, 2, 2, 3, 5, 5, 5, 5, 5, 1, 1, 1, 1,

Section V and W are owners of land, etc. who owned real estate or obstacles within the rearrangement zone in this case, and the plaintiff, etc., V, and W did not apply for parcelling-out in opposition to the establishment of the non-party partnership.

Meanwhile, in accordance with the agreement on the division of inherited property with the Plaintiff, etc. and V filed against the Daejeon Metropolitan City Land Tribunal and the non-party partnership in accordance with the following related cases, Q from the inheritance commenced on September 1, 2013 by which V died on or after the death of September 1, 2013, the selected Q decided to inherit the entire claim for the expropriation compensation against the non-party partnership recognized in the following relevant cases. The Selection is a sole heir in the inheritance commenced on October 14, 2013 by W.

The defendant is the heir of the non-party union member or the partner of the non-party union.

The term “Plaintiff, etc.” in Chapter 4, Chapter 6, and Chapter 12, respectively, shall be deemed to read “Plaintiff, etc., V, and W.” Under the fourth page, the term “inwards association” in the sixth sentence shall be deemed to read “Saeong-si Land Tribunal of Daejeon Metropolitan City and Non-Party Association”.

On November 5, 2014, the Daejeon District Court partially accepted the claim against the plaintiff, etc., V, and W's non-party union (However, the claim for compensation under Article 42 of the Land Compensation Act was dismissed in entirety).

(1) The court rendered a decision that the non-party union filed an appeal (the plaintiff, etc., V, and W) under this Court No. 2014Nu654, and this court filed an incidental appeal, and this court filed an appeal against the non-party union on December 24, 2015.