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(영문) 울산지방법원 2019.06.20 2019구합5063
수용재결취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

(a) Business approval and public announcement - Business name: C Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): A project implementer: C Housing redevelopment and rearrangement project partnership (hereinafter referred to as “partnership”) - Public announcement: 204,123 square meters: - Public announcement: August 23, 2007; public announcement of the designation of E-Housing Redevelopment and Rearrangement Project Zone for Ulsan Metropolitan City on August 23, 2007; and public announcement of the project implementation approval (Article 28 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 28, 2017);

B. In accordance with the provisions of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), the Defendant rendered a ruling of expropriation of land and obstacles owned by the Plaintiffs pursuant to each of the following subparagraphs pursuant to the dispositions of expropriation (hereinafter “each of the dispositions in this case”) pursuant to Article 65 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

1) The date of the adjudication of expropriation: Plaintiff A - The date of expropriation on December 10, 2018 - The expropriation shall be 18,13,60 won in total of the compensation for land and obstacles to the land owned by Plaintiff A - The expropriation commencement date: February 28, 2019 - Compensation for losses: The total amount of compensation for land and obstacles 274,808,570 won in total: The date of the adjudication of expropriation: December 10, 2018 - The expropriation date of Plaintiff B B: The H large scale 116§³ in Ulsan-gu and the date of expropriation - the expropriation commencement date: February 28, 2019 - Compensation for losses: the total amount of compensation for land and obstacles 18,13,60 won in total [based], evidence 1-1, 2, and 1-1-2, and 1-1-2, the purport of the entire pleadings as a whole.

2. Whether each of the dispositions of this case is legitimate

A. The gist of the plaintiffs' assertion 1) The project of this case is a project that requires the Compensation Council under Article 82(1) of the Land Compensation Act and Article 44-2(2) of the Enforcement Decree of the same Act. In such a case, the Compensation Council should be established within 30 days after the expiration of the period of perusal of the Compensation Plan under Article 15(2) of the Land Compensation Act (Article 44-2(3) of the Enforcement Decree of the same Act).

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