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(영문) 서울행정법원 2018.11.27 2018구단52122
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant Union was a project implementer of a zone A (hereinafter “instant project”) under the Songpa-gu Seoul Metropolitan Government Housing Redevelopment Improvement Zone B as a rearrangement zone, and obtained authorization to establish an association on February 6, 2009 from the head of Songpa-gu Seoul Metropolitan Government, and obtained approval of a project implementation plan on August 12, 2013, and announced the approval of the project implementation plan as C publicly notified by Songpa-gu Seoul Metropolitan Government on August 16, 2013.

B. On March 20, 2014, the Defendant Union publicly announced the period for application for parcelling-out to the period from March 24, 2014 to April 30, 2014, and thereafter extended the period for application for parcelling-out to May 20, 2014.

C. The Plaintiffs were members of the Defendant Union as owners of the land located within the rearrangement zone of the instant project, and became eligible for cash settlement because they did not apply for parcelling-out within the said period of application for parcelling-out.

Defendant Mutual Association was issued an administrative disposition plan by the head of Songpa-gu Seoul Metropolitan Government on May 8, 2015.

E. The Plaintiffs filed a petition for adjudication on expropriation to the effect that between November 9, 2015 and December 14, 2015, the Defendant Union would expropriate their own land, etc. as indicated in the attached Table 2’s “application date for adjudication.”

F. On January 6, 2016, the Defendant Union filed an application for adjudication on expropriation of land, etc. owned by the Plaintiffs (hereinafter “application for first adjudication on expropriation”) with the Seoul Special Metropolitan City Local Land Tribunal (hereinafter “Local Land Tribunal”). On January 8, 2016, the local Land Tribunal rejected the application for first adjudication on expropriation of the Defendant Union on the following grounds:

(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 claim, 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 Projects (hereinafter “Enforcement Decree of the Land Compensation Act”).

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