logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.21 2014구합2922
가설건축물수용재결처분취소등
Text

1. The plaintiff's primary defendant local land tribunal shall be dismissed;

2. The plaintiff.

Reasons

1. Details of ruling;

A. On March 6, 2006, the head of Nam-gu Incheon Metropolitan City announced the public inspection for the designation of an urban development zone (F of Nam-gu Incheon Metropolitan City) with respect to the area including the area including the Nam-gu B, C, D, and E (hereinafter referred to as the “instant land”). On December 14, 2009, the Mayor of Incheon Metropolitan City announced the public inspection for the designation of an urban development zone (F of Nam-gu Incheon Metropolitan City), and on December 14, 2009, the Mayor of Incheon Metropolitan City announced the approval of the implementation plan and the announcement of topographic drawings (hereinafter referred to as the “instant project”).

B. From May 2, 2013 to June 1, 2013, the Defendant Corporation filed an application for adjudication with the Defendant Incheon Metropolitan City Regional Land Expropriation Committee (hereinafter “Defendant Expropriation Committee”) as the Plaintiff and the Plaintiff agreed on compensation for the obstacles to the ground of the instant land, but did not reach agreement.

C. On September 4, 2013, the Defendant Expropriation Committee (hereinafter “instant temporary building”) decided to expropriate the obstacles listed in the separate sheet on the instant land (hereinafter “instant temporary building”) as compensation 80,870,000 won and the date of commencement of expropriation on October 4, 2013, but excluded the instant temporary building from the obstacles to expropriation, and did not recognize business compensation.

The plaintiff appealed against the above ruling of expropriation and raised an objection to the Central Land Expropriation Committee, but the Central Land Expropriation Committee determined that it was lawful to exclude temporary buildings and business compensation from compensation.

[Ground of recognition] Facts without dispute, Gap 2, 38, Eul 6, Eul 1, and 2; the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. Article 85(2) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act on the Acquisition of Land, etc. for Public Works”) refers to an increase or decrease in compensation among the preparatory documents of the Defendant Expropriation Committee (hereinafter “Defendant Expropriation Committee”) on May 26, 2015.

arrow