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(영문) 대구지방법원 2013.09.13 2012구합1626
수용재결취소등
Text

1. The plaintiff D's action against the defendant Gyeong-do Development Corporation shall be dismissed.

2. The defendant Gyeongbuk-do Development Corporation shall be the plaintiff.

Reasons

1. Details, etc. of ruling;

(a) Designation of the area scheduled for the relocation of H - Public announcement of the latitude-do on June 9, 2008 under Article 23 of the Ordinance on the Relocation of H - Construction of the city located in H - The relocation of H, etc. and construction of the city located in the new H: The location of the area scheduled for the relocation of H : Kecheon-gun Lwon in Ansan-

(b) Recognizing and notifying the circumstances - H transfer new city construction project (hereinafter “instant project”), - Mon May 4, 2010, N on May 10, 201, and F on July 26, 201, and F on August 26, 201: Defendant Corporation.

C. The Defendant Commission’s ruling of expropriation on October 11, 201 (hereinafter “instant expropriation ruling”): Land and obstacles listed on the list of land and obstacles owned by the Plaintiffs (hereinafter “each of the instant land and obstacles”) - Compensation for losses: Each “adjudication of expropriation” is described in the separate sheet of land and obstacles.

- Beginning date of expropriation: An appraisal corporation on November 9, 201 - An appraisal corporation and a central appraisal corporation (hereinafter “appraisal of expropriation”)

D. The Defendant Committee’s ruling on the objection (hereinafter “the instant ruling”) dated April 6, 2012 - Contents of the ruling: as indicated in the separate sheet of land and the separate sheet of obstacles.

- An appraisal corporation: Each entry in Gap's evidence Nos. 1, 2, 3, Eul's evidence Nos. 1, 2, 12, 13, and 14 (including each number), and the purport of the whole pleadings and arguments, which have no conflict of grounds for recognition;

2. Judgment on the primary claim (the defendant's claim against the defendant committee)

A. The plaintiffs' assertion 1) The adjudication of acceptance of this case was made before it was repealed by the old Ordinance on the Relocation of H (Seoul Metropolitan Government Ordinance No. 1 on March 9, 2009; hereinafter "Ordinance of this case").

Pursuant to the premise of the public project that was approved and publicly notified on June 9, 2008. However, the instant project is subject to the Special Act on the Construction and Enforcement of Urban Areas for the Relocation of H (hereinafter “H transfer Act”).

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