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(영문) 서울행정법원 2017.05.12 2016구합61815
토지수용이의재결보상금감액
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Yongsan-gu Seoul, the Plaintiff is an urban environment improvement cooperative for which the authorization for the implementation of the urban environment rearrangement project was obtained as publicly notified E in Yongsan-gu with respect to the urban environment rearrangement project (hereinafter “instant project”).

B. The Defendants, who are equity right holders of the land and obstacles indicated in the list of the objects to be expropriated in the attached Form in Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “instant objects”), which are the objects within the instant project zone, failed to file an application for parcelling-out from November 22, 2013 to December 23, 2013, the period for filing an application for parcelling-out, and filed a claim with the Plaintiff on May 28, 2014.

C. The Plaintiff requested the Defendants to consult on compensation on October 13, 2014, but did not reach an agreement, and on January 15, 2015, filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee.

Meanwhile, in order to exercise the subrogation right, the Nonghyup Bank Co., Ltd., a collateral security right to each of the goods of this case (hereinafter “CF”) received each attachment and all orders against Defendant B to the amount up to KRW 800,971,151 out of the claimed amount among the compensation claims against Defendant B against Defendant B by Seoul Northern District Court 2014TTT26138, as to Defendant B’s claim against the Plaintiff, as to the amount up to KRW 800,971,151.

The decision of the attachment and the entire order was delivered to the Plaintiff, who is the third debtor, by January 5, 2015.

E. On June 12, 2015, the Seoul Special Metropolitan City Regional Land Tribunal has accepted each of the instant goods as the date of expropriation on June 12, 2015, and has accepted each of the instant goods as compensation for each of the Defendants = KRW 1,439,810,720 in total of the compensation for land against the Defendants ¡À2, and KRW 7,897,570 in total of the compensation for obstacles to the Defendants.

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