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(영문) 울산지방법원 2018.12.13 2017구합781
수용재결취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Project approval and the name of the public announcement project: A public announcement C in the North-Gu, Ulsan Metropolitan City on September 3, 2015, the project for the development of road planning facilities (road, park, green area), the North-gu, Ulsan Metropolitan City on November 26, 2015, the North-gu, Ulsan Metropolitan City on November 26, 2015, and the North-gu, Ulsan Metropolitan City on August 25, 2016;

B. Defendant’s expropriation ruling on July 12, 2017 (hereinafter “instant expropriation ruling”): The starting date of expropriation of real estate indicated in the attached Form: Compensation for losses on September 5, 2017: KRW 990,690,90 [based on recognition]; the fact that there is no dispute; evidence Nos. 6, and evidence Nos. 13; and the purport of the whole pleadings;

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion that the adjudication of acceptance of this case in this case is null and void or procedural errors should be revoked, as there are significant and apparent defects in the following procedures:

① Violation of the procedure for notifying a compensation plan: The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) who is the project implementer did not notify the F of the compensation plan, the representative director of the Plaintiff.

(2) Violation of the duty to request perusal of a compensation plan: An intervenor has not complied with the procedures for requesting perusal of a compensation plan to the head of Ulsan Metropolitan City North Korea, which is the competent administrative agency.

③ Violation of the process of selecting appraisal business entities: The Plaintiff’s right to recommend the appraisal business entity was virtually excluded by the Intervenor in the process leading to the instant expropriation ruling.

④ The illegality of the procedure for the consultation on compensation: The intervenor conducted the consultation on compensation on the ground of G and H as an agent, but the above company did not constitute a legitimate agent.

B. 1) The Intervenor sent a compensation plan for real estate stated in the attached Form to the North of Ulsan-gu Seoul Metropolitan City on June 2016 and requested that the Intervenor publish it on the website and on the bulletin board of the North-gu Office so that the owners and interested parties of the land, etc. can read.

Accordingly, on June 27, 2016, the head of Ulsan Metropolitan City North Korea's office shall make the contents of the above compensation plan in a daily newspaper.

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