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(영문) 인천지방법원 2019.10.11 2018구합55382
손실보상금 감액
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. In order to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) on a scale of 129,323 square meters in Michuhol-gu Incheon Metropolitan City B, the Plaintiff is a housing redevelopment improvement project partnership which has obtained authorization to establish the association on October 4, 2010. The Defendants are the owners of land or buildings located within the implementation zone of the instant improvement project. The Defendants are the applicants for parcelling-out during the period from November 14, 2016 to December 18, 2016, by failing to file an application for parcelling-out between the period for filing applications for parcelling-out and the period from November 14, 2016 to December 18, 2016, thereby under Article 47(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Urban Improvement Act”).

However, Article 4 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Act No. 12116, Dec. 24, 2013) provides that “The amended provisions of Article 47(1) shall apply to the first application for authorization to establish an association after the enforcement of this Act” in relation to the period of cash liquidation, Article 47(1)1 of the former Act (amended by Act No. 12116, Dec. 24, 2013) shall apply to the period of cash liquidation.

Article 47 (1) 1 was subject to cash settlement.

On the other hand, on June 19, 2017, the Plaintiff obtained the authorization of the management and disposition plan.

B. Defendants 1 and 2: (a) June 28, 2017; and (b) July 12, 2017; and (b) the remainder of the Defendants, on October 26, 2017, on the acquisition of and compensation for land, etc. for public works projects to the Plaintiff.

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