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(영문) 춘천지방법원 2014.10.24 2013구합1346
재결신청거부처분취소
Text

1. On May 13, 2013, the Defendant filed an application with the Plaintiffs on May 13, 201 for adjudication as to D Forest land 21,059 square meters in Gangseo-gu, Gangwon-do.

Reasons

1. Details of the disposition;

A. On April 8, 2004, Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff A”) purchased the land in Pyeongtaek-gun E (F from February 9, 2009 to E, G land), H (Merger with G land on March 7, 2013), and completed each registration for transfer of ownership on June 30, 2004 after purchasing the land in question. The J, the representative director of Plaintiff A, purchased on April 8, 2004 the land in Gangwon-gu Seoul Special Metropolitan City (Merger with G land on March 7, 2013), L (Merger with G land on March 7, 2013) and completed each registration for transfer of ownership on April 20, 206.

(hereinafter referred to as “each land of this case” in total, and the number shall be specified as a parcel number).

On September 23, 2005, the Defendant was a project operator who obtained the project approval for the project of the Dopuri-gun of Gangwon-do and the Yansan-si (hereinafter “the instant project”). When the remaining land out of each of the instant land (hereinafter “the instant land”) is incorporated into the instant project district, the Defendant notified the Plaintiff A of the perusal of the compensation plan for the remaining land on November 15, 2005.

Accordingly, in the consultation procedure on the remaining land, Plaintiff A demanded the Defendant to open access roads so that the land of this case, which was not incorporated into the project district of this case, can be connected to the public service.

C. On May 24, 2006, the Defendant acquired K and L land owned by the representative director of Plaintiff A by consultation, and on August 11, 2006, the Defendant acquired E and H land owned by Plaintiff A by consultation.

Meanwhile, at the time of each of the above acquisitions, Plaintiff B owned a part of the shares of land E, H land, and the instant land, and Plaintiff C acquired a part of the shares of the instant land on January 15, 2009, which was after the above acquisition.

The Plaintiffs against the Defendant on April 11, 2013, and the Defendant compensate or necessary construction works for the loss of the instant land, which is the remaining land.

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