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(영문) 수원지방법원 성남지원 2017.01.13 2016가합200350

공탁금출급권확인

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The plaintiffs' assertion and judgment

A. The key point of the plaintiffs' assertion is that the plaintiffs purchased and owned the House of the House of the House of the House of the House of the House of the House of the House of the House of the House of the Sea (hereinafter "the instant ground objects") from Q around December 2005, respectively.

After that, the instant land was incorporated into the RR housing site development project, and the Defendant, a project operator, did not hold that consultation with the Plaintiffs regarding the removal of the instant ground water through administrative vicarious execution on October 27, 201 and January 20, 201, or that the Land Tribunal shall pay the Plaintiffs the compensation adjudicated by the commencement date of expropriation or use through an application for adjudication.

Therefore, the removal of the ground of this case constitutes a tort, and the defendant is obligated to pay the plaintiffs the damages amounting to one million won and the damages for delay on each of the above money.

B. According to the evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) of the judgment, the Sungnam City publicly announced on January 27, 2006 about the planned area for the development of the housing site including the land of this case by Sungnam-si in accordance with Articles 3-2 and 3-3 of the Housing Site Development Promotion Act and Article 5 (2) of the Enforcement Decree of the same Act. The Ministry of Construction and Transportation publicly announced on July 21, 2006 to U of the Ministry of Construction and Transportation on July 21, 2006, and the Minister of Land, Transport and Maritime Affairs publicly announced on the Official Gazette after determining the detailed criteria such as the location, area, development plan, etc. of the planned area for the development of the housing site of this case by the Ministry of Land, Transport and Maritime Affairs on August 5, 2008.

However, in order to constitute a tort against the plaintiffs, the defendant's act of removing the obstacles of this case existed on the land of this case at the time of the above public announcement, or was newly constructed in accordance with legitimate procedures.