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(영문) 서울행정법원 2017.07.07 2016구합86012
보상금감액
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as the parties, was authorized to establish a housing redevelopment improvement project (hereinafter “instant project”) established to implement a housing redevelopment improvement project (hereinafter “instant project”) using the housing redevelopment project (hereinafter “instant project”) of Yangcheon-gu Seoul Metropolitan Government AK as a rearrangement zone (hereinafter “instant project”), and the head of Yangcheon-gu Seoul Metropolitan Government (hereinafter “the head of Yangcheon-gu”) on October 30, 2006.

The Defendants are owners of land, etc. located within the instant business area.

B. The instant project implementation authorization and the Defendants’ acquisition of the status of the Defendants subject to cash liquidation 1) The Plaintiff determined the project implementation period from the head of Yangcheon-gu Office on December 18, 2009 as “52 months from the date of authorization for the project implementation” (hereinafter “instant project implementation authorization”).

On December 21, 2009, the head of Yangcheon-gu Office publicly announced it as AL published by Yangcheon-gu Seoul Metropolitan Government. 2) The Plaintiff determined and publicly announced the period of application for parcelling-out from September 8, 2010 to November 6, 2010, and thereafter publicly announced the period of application for parcelling-out from November 9, 2010 to November 28, 2010.

The defendants acquired the status of cash liquidation by failing to apply for parcelling-out within the above period of application for parcelling-out.

3) The Defendants are subject to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) in writing to the Plaintiff who did not reach an agreement on cash settlement with the Plaintiff even after the expiration of 150 days from the end of the period for application for

(1) The request for application for each expropriation ruling under Article 30(1) (hereinafter “request for each expropriation ruling of this case”)

(C) The Plaintiff changed the existing project implementation plan and changed the project implementation plan from the head of Yangcheon-gu on February 28, 2011 (hereinafter referred to as “the first project implementation authorization”) to the head of Yangcheon-gu on October 28, 2011.

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