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(영문) 수원지방법원 2019.01.10 2018구합65560
대토권자격확인의 소
Text

1. The plaintiffs have the right to be supplied as substitute soil by the defendant as much as the plaintiffs' application amount for substitute land compensation in attached Form 2.

Reasons

(b) the facts of the basis;

A. According to the Housing Site Development Promotion Act, the Defendant is a project implementer who implements a housing site development project for the area of a T housing site with respect to the area of 606,498 square meters in E-si, Leecheon-si, Sdong, and the Plaintiffs are the owners of the land within

B. Around October 2017, the Defendant sent a compensation guide for T District (hereinafter “instant compensation guide”) to the Plaintiffs as follows, and the Plaintiffs received the said instruction around that time.

The subject: The first priority to transfer the land above the size of partition limit under the Building Act to the Corporation (Defendant): the local owner - the owner of the absentee real estate - the first priority to (other persons to receive land compensation more than 3 billion won, competition, lottery in the event of a competition) - If the land subject to compensation is transferred by the expropriation ruling, it is possible to substitute land compensation only once there is the volume of substitute land compensation.

The period of application for compensation by substitute land: Other methods of disposal, standards for the provision and supply of substitute land, conclusion of a substitute land supply contract, restriction on resale, cash compensation, and transfer income tax on substitute land in the event that the applicant fails to submit an application for substitute land compensation within the above period.

C. The Plaintiffs filed an application with the Defendant for substitute land compensation equivalent to the amount of application for substitute land compensation specified in attached Form 2 (hereinafter “instant application amount”) within the period of application stipulated in the instant compensation guide, and the Defendant filed an application with the Plaintiffs on November 2017.

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