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(영문) 대구지방법원 2016.11.11 2016구합21192
수용재결취소등
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Details of the disposition;

A. The Plaintiff Educational Foundation A (hereinafter “Plaintiff Foundation”) as a party is an educational foundation that owns a building of 7,798 square meters and its ground and operates “E kindergarten” (hereinafter “instant kindergarten”), and Plaintiff B is a person who owns a building of 707 square meters and its ground for the F warehouse site in Northern-gu, Northern-si, Pohang-si, and the Plaintiff B is a person who owns it.

B. On May 30, 201, the implementation plan for the instant project was approved and publicly announced as to an urban development project (hereinafter “instant project”) with respect to the land of 393,586 square meters of land located in North-gu G workers in North Korea at the port of port of the Si of the urban development cooperative C (the designation of the project implementer and the authorization of the establishment of the association, hereinafter “instant association”), which is the Intervenor joining the Defendant, on May 30, 201. On December 15, 2015, the head of the C Urban Development Association, the land substitution plan of which was authorized by the Port Market, was publicly announced on December 23, 2015 for the perusal of the land substitution plan at H as of December 23, 2015. Pursuant to the said public notice, the designation of land substitution plan became effective as of January 19, 2016 to the Plaintiffs who own the land, buildings, etc. within the instant project district.

C. (1) The C Urban Development Association head, a project implementer, intended to purchase obstacles, etc. on the ground of the Plaintiffs’ land in order to expropriate or transfer the goods to be incorporated in the instant project, but applied for a ruling of expropriation to the Defendant, who did not reach an agreement with the Plaintiffs. (2) After undergoing appraisal, etc. as to the obstacles described in the attached Table 2 list owned by the Plaintiffs, the Defendant made a ruling of expropriation (hereinafter “instant disposition”) with the following contents on March 25, 2016.

- Compensation for losses: ① 494,422,600 won for the obstacles owned by the Plaintiff Foundation; ② 38,380,200 won for the obstacles owned by the Plaintiff Foundation; the date of commencement of expropriation: 3: May 16, 2016, the instant Union deposited the Plaintiffs as deposits at the Daegu District Court Port Branch on May 9, 2016.

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