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(영문) 인천지방법원 2020.01.09 2019구합51967
수용재결무효확인
Text

1. On July 14, 2017, the Defendant confirms that a ruling of expropriation rendered by the Defendant on an article listed in the separate sheet is null and void.

2...

Reasons

1. Details of the disposition;

A. On December 8, 2008, the Mayor of Bupyeong-gu Incheon Metropolitan City designated and publicly announced a land of 219,406 square meters in Bupyeong-gu, Incheon Metropolitan City as a rearrangement zone for the implementation of a housing redevelopment project for a zone A (hereinafter “instant project”), and the head of Bupyeong-gu Incheon Metropolitan City announced as a zone for the implementation of a housing redevelopment project for a zone A (hereinafter “instant project”). On June 4, 2010, the head of Bupyeong-gu Incheon Metropolitan City announced as a zone D public notification of Bupyeong-gu, Incheon Metropolitan City

B. On July 27, 2015, the Mayor of Bupyeong-gu Incheon Metropolitan City changed the land of 219,328 square meters in Bupyeong-gu, Incheon Metropolitan City (hereinafter “instant improvement zone”) to a rearrangement zone for the implementation of the instant project, and publicly announced the changed designation. The head of Bupyeong-gu, Incheon Metropolitan City changed the project implementation of the instant project to the F Public Notice of Bupyeong-gu, Incheon Metropolitan City on December 14, 2015.

C. G owns objects, such as an unauthorized Building, etc., indicated in the separate sheet on the ground (hereinafter “instant obstacles”) attached to Section 1, 2, 3, 4, 5, and 1, connected in sequence to each point of Annex 6, 7, 8, 9, 10, 11, 12, 13, and 6 among the land and land of Bupyeong-gu Incheon Metropolitan City, which are not included in the instant rearrangement zone.

On July 14, 2017, the Plaintiff filed an application with the Defendant for adjudication on expropriation of the obstacles of this case by misunderstanding that the obstacles of this case existed on the land in Bupyeong-gu Incheon, Incheon, Bupyeong-gu, Seoul, and the Defendant filed an application for adjudication on expropriation of the obstacles of this case. On July 14, 2017, the Defendant rendered an adjudication on expropriation of the obstacles of which compensation for losses was KRW 12,435,070, and which was made on September 7, 2017 (hereinafter “instant adjudication on expropriation”).

E. G filed an objection against the instant ruling on expropriation. On March 22, 2018, the Central Land Tribunal rendered a ruling on the objection against the instant obstacles to KRW 12,951,000, with respect to compensation for losses.

After that, G is against the Plaintiff.

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