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(영문) 서울고등법원 2018.08.31 2018누42353
조합원지위확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following matters:

In the 3th 7th 7th 8th 7th 7th 8th 7th 8th 201, the Plaintiff raised an objection against the above acceptance ruling on November 15, 2017.

3 pages 9 "Ap. 1, 4, and 5" shall be deemed to be "Ap. 1, 4, and 7."

The 4th to 13th parallels are as follows:

According to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, ① a project operator shall acquire the ownership of land or goods on the commencement date of expropriation determined by the competent Land Tribunal by adjudication (Article 45(1)); ② a project operator shall pay or deposit the compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (2)); ② a project operator shall pay or deposit the compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (3) a project operator shall lose its effect if the project operator fails to pay or deposit the compensation by the commencement date of expropriation (Article 42(1)); ③ a project operator shall not suspend the effect of expropriation even if an objection or administrative litigation has been filed against the adjudication after the expropriation became effective (Article 88). Accordingly, if a project operator pays or deposits the compensation adjudicated by the Land Tribunal by the commencement date of expropriation, the landowner, etc. shall acquire the ownership of the land or goods on the commencement date of expropriation, and even if the compensation has increased thereafter by the adjudication on expropriation thereafter, it cannot be deemed otherwise solely on the grounds therefor (see this case.

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