beta
(영문) 의정부지방법원 2015.09.22 2013구합2445

토지수용에 대한 보상금증액 등

Text

1. All of the plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Details of ruling;

A. The Plaintiff is the owner of D forest land 4,724 square meters, E forest land 85 square meters, F forest land 615 square meters, and Plaintiff B is the owner of G forest land 1,040 square meters.

(hereinafter referred to as “instant land” according to its parcel number, and each of the above land is collectively referred to as “each of the instant land”). (B)

H Hospital purchased each of the instant lands from the Plaintiffs around 2003, and completed the registration of the establishment of a neighboring land in the name of the Plaintiff-Supplementary Intervenor, et al., an employee of H Hospital, on October 2, 2003, in order to secure the right to claim for the transfer registration of ownership of H Hospital (hereinafter “H Hospital”) and the instant F land, on December 22, 201, when the land was converted into Jinland 4,809 square meters on July 4, 2007 (the instant land was divided into the instant D land and the instant land, respectively), and on March 29, 2004, the registration was completed in the name of the Plaintiff-Supplementary Intervenor, et al., an employee of H Hospital.

(The registration of the establishment of a neighboring mortgage was cancelled on May 31, 2005).

H Hospital had the Plaintiff file an application for a building permit for the construction of Class I neighborhood living facilities on each of the instant lands in order to construct five units of building on each of the instant lands. On August 14, 2003, H Hospital acquired the building permit (the building permit, the site location of which is “K at Priju,” and the said land was divided into each of the instant land and its registration conversion) from the mayor of Pakistan.

On June 28, 2007, neighboring lands, including each of the instant lands, were designated as LA housing site development areas, and around December 31, 2008, the housing site development plan for the said planned housing site development area was approved.

(Project Operator: Defendant, MM announced by the Ministry of Land, Transport and Maritime Affairs on December 31, 2008, Apr. 5, 2012, N notified by the Ministry of Land, Transport and Maritime Affairs, and the Ministry of Land, Transport and Maritime Affairs on December 24, 2012).

In order to acquire each of the instant lands, the Defendant, the project implementer, had a negotiation with the Plaintiffs on purchase, but failed to reach an agreement, filed an application for adjudication with the Central Land Expropriation Committee on January 4, 2013.

(f) The Central Land Tribunal.