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(영문) 인천지방법원 2017.10.27 2017구합460
재결신청거부처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From June 2010, the Defendant promoted the H market facility modernization project in Gyeyang-gu Incheon E, F, and G (hereinafter “instant project”). During that process, on January 18, 2013, the Defendant entered into an agreement with the owners of buildings constructed on each of the above land to collectively acquire the land and buildings owned by them. On May 31, 2013, the ownership of the land and buildings owned by the Gyeyang-gu Incheon and the buildings on the land, the ownership of the land and the buildings on the land owned by the Gyeyang-gu Incheon, the ownership of the land and the buildings on the land owned by the Gyeyang-gu Incheon, and the ownership of the land and the buildings on the land owned by the Gyeyang-gu Incheon and the buildings on the land acquired on November 6, 2014, respectively.

(B) On November 27, 2014, the three lots of land was combined and became one parcel of land in Gyeyang-gu Incheon Metropolitan City E large 726 square meters.

① From October 31, 1992 to December 31, 2013, Plaintiff A was operating a Y by leasing part of the second floor among the buildings located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon. Plaintiff B leased three floors among the above buildings from November 1, 1999 to December 31, 2013 and operated a private teaching institute for pian curriculum. Plaintiff C operated the 18th floor among the first floor of the building located in Gyeyang-gu, Incheon, and Plaintiff D leased 140 square meters among the above buildings from September 12, 2007 to October 24, 2013.

C. The Plaintiffs asserted that “the Defendant acquired the ownership of the Incheon Gyeyang-gu E, F, G land and buildings through the purchase process to promote the instant project corresponding to the public works project, but refused the Plaintiffs’ request for a compensation consultation to request the payment of business compensation amount in accordance with the procedures prescribed in the Land Compensation Act.” On February 21, 2017, the Plaintiffs claimed against the Defendant to file an application for adjudication with the competent Land Tribunal (hereinafter “instant request for adjudication”).

Accordingly, the defendant's business of this case on February 23, 2017 is Act No. 13677, Dec. 29, 2015.

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