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(영문) 울산지방법원 2019.07.25 2018구합7475
수용재결의 무효 등 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a literature-based association consisting of the second 16th C descendants, which is an association that is not a legal entity that consists of protecting the graves of the ancestor group and providing services to the ancestor group.

The Plaintiff is the owner of 366m2 (hereinafter “instant land”) in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Plaintiff is able to install a grave of 61 m2 (hereinafter “instant grave”) on the ground of the instant land.

(b) Business approval and public announcement - Business name: E general industrial complex development project (hereinafter referred to as “instant project”): The head of Ulsan Metropolitan City - the head of Ulsan Metropolitan City - the head of Ulsan Metropolitan City - the location and business area: 1,017,125 square meters, access roads outside the jurisdiction 53,157 square meters: Article 7 of the Industrial Sites and Development Act, Article 15 of the Act on Special Cases for the Simplification of Authorization and Permission Procedures for Industrial Complexes, Article 15 of the Act on Special Cases for the Simplification of Authorization and Permission Procedures for Industrial Complexes: Public announcement of H E general industrial complex plan and topographic map of Ulsan Metropolitan City on September 1, 2016, public announcement of I E general industrial complex plan (approval for modification) and topographic map of Ulsan Metropolitan City on June 29, 2017;

C. In accordance with the provisions of the Act on Acquisition of and Compensation for Land, etc. for Public Works as applied mutatis mutandis pursuant to Article 22 of the Industrial Sites and Development Act (hereinafter “Land Compensation Act”), the Defendant rendered a ruling to expropriate the land and goods owned by the Plaintiff as follows.

- The date of adjudication on expropriation: - The date of expropriation on February 28, 2018 - The land in this case, the mobile container for storage located on the ground of the above land - The date of commencement of expropriation: April 24, 2018 - Compensation for losses: 469,98,900 won for the land in this case, and compensation for losses: 470,682,230 won for the sum of 683,30 won for the container in this case (=469,98,90 won for 683,330 won for the container in total)

D. The plaintiff is dissatisfied with the adjudication of expropriation of this case, and ① is excluded from the adjudication of expropriation of this case to the Central Land Expropriation Committee, and ② is determined by the adjudication of expropriation of this case.

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