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(영문) 서울행정법원 2019.05.17 2018구합52662
수용재결취소등
Text

1. All of the plaintiffs' lawsuits against the Central Land Expropriation Committee shall be dismissed.

2. The plaintiffs C.

Reasons

1. Basic facts

A. As the project implementer of the C Housing Redevelopment Improvement Project (hereinafter “instant project”), the Defendant Association obtained authorization to establish the association on February 6, 2009 from the head of Songpa-gu Seoul Metropolitan Government, obtained approval for the implementation plan on August 12, 2013, and announced the approval for the implementation plan on August 16, 2013 to the Songpa-gu Seoul Metropolitan Government Public Notice E.

B. On March 20, 2014, the Defendant Union announced the period of application for parcelling-out to the period from March 24, 2014 to April 30, 2014, and thereafter extended the period of application for parcelling-out to May 20, 2014.

C. The Plaintiffs were members of the Defendant association as owners of land located within the project implementation district of the instant case, and became eligible for cash settlement because they did not file an application for parcelling-out within the said application period for parcelling-out.

Defendant Mutual Association was issued an administrative disposition plan by the head of Songpa-gu Seoul Metropolitan Government on May 8, 2015.

E. On November 9, 2015, the Plaintiffs filed a petition for adjudication of expropriation to the effect that they expropriate and request the Defendant Union to expropriate their own land, etc.

F. On January 6, 2016, the Defendant Union applied for adjudication on expropriation of land, etc. owned by the Plaintiffs to the Seoul Special Metropolitan City Regional Land Expropriation Committee (hereinafter “Local Land Expropriation Committee”) (hereinafter “application for first adjudication on expropriation”); and on January 8, 2016, the local Land Expropriation Committee rejected the application for first adjudication on expropriation of the Defendant Union for the following reasons:

(hereinafter referred to as “the first return disposition”); anti-domination;

A. Descriptions in the application for adjudication of expropriation - Omission of entry such as the name or title, address, date of request, etc. of the claimant for the adjudication related to Article 12(1) of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Land Compensation Act”) - omission of attachment of the above relevant data (written

(b) Access to and notification of an indemnity plan - relating to Article 15 of the Land Compensation Act.

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