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(영문) 서울행정법원 2019.01.09 2017구단38051

수용재결취소 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details, etc. of ruling;

(a) Project approval and public announcement - Project name: C Housing redevelopment and rearrangement project - Project implementer: Defendant - A public announcement of project approval: Seongbuk-gu Seoul Metropolitan Government on December 3, 2013;

B. Decision of expropriation made by the local Land Tribunal on October 28, 2016 - Subject matter of expropriation: (1) Plaintiff A-Seoul Edong (hereinafter “Edong”), F, fourth-story neighborhood living facilities and multi-household buildings on G ground (hereinafter “instant building”), which are a partitioned building, the first floor H neighborhood living facilities, the second floor residential facilities, the fourth floor residential facilities (including each site use right and common area), the fourth floor residential facilities (including each site use right and common area), and (2) Plaintiff B - The third floor K housing (including each of the above objects of expropriation, including site use right and common area; hereinafter referred to as “subject matter of expropriation”; and (2) the number of houses individually referred to as “subject matter of expropriation”; < Amended by Presidential Decree No. 17820, Oct. 28, 2016; Presidential Decree No. 17590, Feb. 1, 2006; Presidential Decree No. 17820, Feb. 16, 2005>

Adjudication made by the Central Land Tribunal on November 23, 2017 - Compensation for losses: ① Plaintiff A-467,595,000 won (compensation for losses 443,750,000 won due to the business suspension of each of the sections owned by Plaintiff A), ② Plaintiff B-161,300,000 won - An appraisal corporation for objection: A M in charge of dispute resolution and the M in charge of dispute resolution and the M in charge of dispute resolution (hereinafter referred to as “this appraisal”) [based on recognition] / No dispute over the fact that there is no dispute over the appraisal of the appraisal corporation of this case, which is the basis for the adjudication; Plaintiff A-4,55,000 won due to the business suspension of each of the sections owned by the Plaintiff A; and the purport of all the arguments as a whole.

2. Judgment on the main defense of this case

A. The Defendant’s main defense lawsuit in this case is unlawful as it was filed after the lapse of the period for filing the lawsuit.

(b) the owner of the land.