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(영문) 인천지방법원 2019.08.22 2018구합1477
토지수용금
Text

1. The plaintiff's lawsuit against the head of Bupyeong-gu Incheon Metropolitan City shall be dismissed.

2. The plaintiff's defendant B Corporation

Reasons

1. Basic facts

A. On April 11, 1983, the Plaintiff completed the registration of transfer of ownership with respect to land of 857 square meters in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon (hereinafter “Before division”).

On May 7, 198, the Mayor of Incheon Metropolitan City determined the land, etc. before subdivision as urban planning facilities (road) and publicly notified (F of the Incheon Metropolitan City public notice; hereinafter referred to as the “instant urban planning facility project”), and according to delegation based on the Incheon Metropolitan City Ordinance on the delegation of administrative affairs, the Bupyeong-gu Incheon Metropolitan City has provided land before subdivision to the general public for the traffic of the general public, and has occupied

Land before subdivision was divided into eight lots, such as land of land of Bupyeong-gu Incheon Metropolitan City C, 60 square meters, after subdivision, as indicated below.

On June 3, 2011, the Plaintiff filed a lawsuit against Incheon Metropolitan City claiming return of unjust enrichment on eight parcels of land after the said partition, which is owned by the Plaintiff, and occupied and used the eight parcel of land indirectly as a site for road, etc. without legal title, through Bupyeong-gu Incheon Metropolitan City, through Bupyeong-gu, Incheon Metropolitan City. On October 15, 2005, the Plaintiff was sentenced to a judgment ordering the Plaintiff to return unjust enrichment from the date of the occupation of Incheon Metropolitan City or from the date of the completion of the occupation of Incheon Metropolitan City or from the date of loss of Plaintiff’s ownership (the Incheon District Court Decision 2011Na1740) and the judgment dismissing the appeal (the Supreme Court Decision 2011Da101841) and the judgment dismissing the appeal (the Supreme Court Decision 2011Da101841).

The Mayor of Incheon Metropolitan City, on February 5, 2007, designated and publicly announced the improvement zone for G residential environment improvement projects (hereinafter “instant improvement project”), among eight parcels of land after the above subdivision, as a rearrangement zone for G residential environment improvement projects (hereinafter “instant improvement project”), and on March 7, 2016, the implementation method of the instant project was modified from the expropriation method to the expropriation method.

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