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(영문) 인천지방법원 2018.01.12 2017구합52461

부작위위법확인

Text

1. The Defendant’s compensation for losses and transfer cost of each business in the list of obstacles by Plaintiff 1.

Reasons

1. Basic facts

A. The Defendant is an association established for the purpose of implementing the G Housing Redevelopment Improvement Project (hereinafter “instant project”) whose business area covers H 8,810 square meters in Gyeyang-gu Incheon Metropolitan City, and was approved by the head of Gyeyang-gu Incheon Metropolitan City on December 29, 2010 (60 months from the date of authorization for the implementation of the instant project) and the head of Gyeyang-gu Incheon Metropolitan City publicly notified as Gyeyang-gu Incheon Metropolitan City public notice of the same day.

B. After March 15, 2016, the Defendant obtained authorization for the implementation of the project of this case from the head of Gyeyang-gu Incheon Metropolitan City (60 months from the date of authorization for the implementation of the project) and the head of Gyeyang-gu Incheon Metropolitan City announced it to the Gyeyang-gu Incheon Metropolitan City public notice on March 18, 2016.

C. The Plaintiffs are those who have leased part of the land within the instant project implementation zone and engaged in manufacturing business, etc., and the status of the Plaintiffs’ business operation, etc. is as indicated in the list of obstacles by Plaintiffs 1.

On May 24, 2017, pursuant to Article 30(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Plaintiffs filed a petition with the Defendant for adjudication of expropriation on compensation for losses and transfer of obstacles as stated in the list of obstacles by Plaintiff 1. However, the Defendant did not take any measure by December 15, 2017 as of the date of the closing of argument in the instant case (hereinafter “Land Compensation Act”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Attached Form 2 of the relevant Act and subordinate statutes is as indicated.

3. The plaintiffs' assertion and judgment

A. The defendant's assertion without any special reason does not file an application for adjudication with the competent Land Tribunal for the lapse of 60 days after the plaintiffs' request for adjudication of acceptance. This violates the purport of Article 30 (1) of the Land Compensation Act.