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(영문) 인천지방법원 2019.11.29 2019구합1139
행정대집행비 무효
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. On June 29, 2002, the Plaintiff is a lessee who entered into a lease agreement with C on land and ground buildings, etc. in Jung-gu Incheon, Jung-gu (hereinafter “instant land and obstacles”).

On June 16, 2003, Incheon Metropolitan City (hereinafter referred to as the "instant project") authorized and publicly announced the implementation plan for urban planning facility project (E business) (hereinafter referred to as the "E business") by designating the project implementer as the defendant, and the instant land was included as the site for the instant project.

B. The Defendant, with respect to the instant land and obstacles, was holding a consultation on compensation under C and the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 11017, Aug. 14, 201; hereinafter “former Land Compensation Act”), but did not reach an agreement, filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee of Incheon Metropolitan City. The Defendant deposited KRW 1,211,42,350 for compensation for the instant land and obstacles in accordance with the adjudication of expropriation on July 23, 2004 (the date of commencement of expropriation: August 31, 2004; hereinafter “instant adjudication of expropriation”). However, C filed an objection with the Central Land Expropriation Committee and deposited KRW 42,248,850 for compensation increased under the adjudication on November 20, 204.

C. C filed a lawsuit against the Defendant, etc. with the Seoul Administrative Court seeking the increase of compensation for losses, and the above court rendered a judgment on December 21, 2005, ordering the Defendant to increase the compensation amount of KRW 68,460,400 (Seoul Administrative Court 2004Guhap40495), and the above judgment became final and conclusive on December 22, 2006, and the Defendant paid the compensation amount under the above judgment to C.

On March 27, 2007, the Defendant deposited KRW 5,819,160 at the deposit account of the Incheon District Court's deposit account with the housing relocation expenses and the director's expenses.

E. Meanwhile, the defendant did not deliver the land and obstacles of this case to the plaintiff.

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