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(영문) 서울행정법원 2013.12.12 2011구합26831

토지수용재결처분취소

Text

1. The part concerning Defendant Local Land Tribunal among the instant lawsuit shall be dismissed.

2. Defendant.

Reasons

1. Details of ruling;

(a) Contents (1) Business (name of business): Business approval of urban planning facility project (C Park Creation Project; hereinafter referred to as the “instant project”): Business approval of D (3) on March 17, 201: Defendant Gwanak-gu in Seoul Special Metropolitan City.

B. Land to be expropriated (1) by a local Land Expropriation Committee on June 10, 2011 (hereinafter “Expropriation Adjudication”): 1,740 square meters of E Forest land in Gwanak-gu in Seoul Special Metropolitan City (the land utilization: forest and park site, specific use area: Class I general residential area, road traffic: 4.6265 shares owned by the Plaintiff, 26 shares in 26, and 1.8505 shares in 26, Plaintiff B: Plaintiff 241,317,520, Plaintiff B96,521,790 won (each unit price of 779,400/400): The date of expropriation shall be 10 square meters of land in Seoul Special Metropolitan City (the average of the appraisal values at the time of expropriation) and the date of expropriation shall be 200 square meters of land in comparison with the appraisal values at the time of expropriation in Seoul Special Metropolitan City (hereinafter “instant land”).

C. On July 14, 2011, the Defendant, Seoul Special Metropolitan City, which deposited the compensation, deposited all the compensation determined by the decision of acceptance with the Plaintiffs as the depositee.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 8-2, Gap evidence 9-1 and Eul evidence 1, Eul evidence 1 and the purport of whole pleadings

2. Whether the lawsuit against the defendant local land tribunal in Seoul Special Metropolitan City is legitimate

A. The plaintiffs' assertion (1) is that the land of this case is unregistered in the appraisal of acceptance ruling.