수용재결취소등
1. Of the instant lawsuit, the part concerning the claim for confirmation by the person entitled to receive compensation shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 1,587,00.
1. Basic facts
A. The Defendant is a person who implements a project of planned urban facilities (D, E,F, G, H, and I) in accordance with the notification of approval of housing project projects plans in the Incheonan City on April 13, 2015 and the notification of topographic drawings according to the decision on the astronomical Management Plan in August 21, 2015.
B. The Plaintiff won the instant real estate ownership by winning a successful bid of the area of 69 square meters of a road in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “instant real estate”), which was the ownership of sewage in the case of the J real estate auction in the Seocheon-gu Daejeon District Court of Daejeon District. On December 29, 2016, the Plaintiff paid the remainder of the auction in full
C. On January 23, 2017, the Chungcheongnam-do Regional Land Expropriation Committee, upon the Defendant’s request, conducted a consultation procedure against sewage, which was registered as the owner on the registry of the instant real estate, and rendered a disposition to expropriate the instant real estate at KRW 23,460,000 on March 8, 2017 from the date of expropriation of the instant real estate (hereinafter “instant adjudication disposition”).
The appraiser K of this Court assessed the value of the real estate in this case as KRW 25,047,00.
E. On January 29, 2018, the Chungcheongnam-do Regional Land Tribunal rendered a corrective ruling with the content that the owner of the instant real estate is corrected from sewage to the Plaintiff (hereinafter “instant corrective ruling”).
[Reasons for Recognition] A without dispute, entry of Gap evidence Nos. 1 through 6, 12 (including the number of branch offices), the result of the appraisal commission to K appraiser of this Court, the purport of the entire pleadings
2. In a lawsuit seeking confirmation on the part of the claimant's claim for confirmation, the claim for confirmation is allowed only in the case of the most effective means to eliminate the plaintiff's legal status unstable or danger, and in the case of a more direct means, the need for protection of rights is denied.
However, since the Chungcheongnam-do Regional Land Expropriation Committee is the Plaintiff, KRW 23,460,000 shall be the Plaintiff.