Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. B Housing Redevelopment Development and Improvement Project Association (hereinafter “SB”) is the project implementer of D Housing Redevelopment and Rearrangement Project (hereinafter “instant project”) whose rearrangement zone is the Songpa-gu Seoul Metropolitan Government Seoul Songpa-gu C, and obtained authorization from the head of Songpa-gu Seoul Metropolitan Government to establish the project on February 6, 2009, and obtained authorization on the project implementation plan on August 12, 2013, and announced the authorization on the project implementation plan on August 16, 2013 as the notification of Songpa-gu Seoul Metropolitan Government.
B. On March 20, 2014, the non-party partnership announced the period of application for parcelling-out to the period from March 24, 2014 to April 30, 2014, and thereafter extended the period of application for parcelling-out to May 20, 2014.
The Plaintiff was an owner of 172 square meters, etc. of the land F in Songpa-gu Seoul Metropolitan City located within the instant business zone and was a member of the Nonparty Association, but became a person eligible for cash settlement because he did not apply for the application for
C. On May 8, 2015, the Nonparty Union was authorized to obtain an administrative disposition plan from the head of Songpa-gu Seoul Metropolitan Government.
On November 9, 2015, the subjects of cash settlement including the Plaintiff filed an application for adjudication of expropriation with the non-party partnership on their own land.
Accordingly, on January 6, 2016, the non-party union applied for adjudication of expropriation of the land, etc. owned by the plaintiff to the Seoul Special Metropolitan City Regional Land Expropriation Committee (hereinafter “Local Land Expropriation Committee”), and on January 8, 2016, the local Land Expropriation Committee rejected the first application for adjudication of expropriation of the non-party union for the following reasons:
(hereinafter referred to as “the first return disposition”); anti-domination;
A. Descriptions of an application for adjudication of expropriation - Omission of entry such as the name or title, address, date of request, etc. of the claimant for adjudication related to Article 12(1) of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Land Compensation Act”) - omitted.