logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.09.27 2019누31046
현금청산자지위확인
Text

1. Revocation of the first instance judgment.

2. The Plaintiff’s project implementation district shall be 64,004.90 square meters in Gyeyang-gu, Incheon.

Reasons

1. The fact of recognition is a redevelopment project association which was authorized by the head of Gyeyang-gu Incheon Metropolitan City (hereinafter “the head of Gyeyang-gu”) on June 23, 2009 to implement a housing redevelopment improvement project (hereinafter “instant project”) whose project implementation district covers 64,004 square meters in Gyeyang-gu, Incheon Metropolitan City.

The plaintiff has the Gyeyang-gu Incheon Metropolitan City D and one parcel E in the project implementation district.

On January 25, 2011, the head of Gyeyang-gu Office approved the project implementation plan for the project implementation plan with the consent of the defendant members through the general meeting of the defendant who is the project implementer and publicly announced as F in Gyeyang-gu Incheon Metropolitan City.

The location and area of the improvement zone of this case - The project implementer of Gyeyang-gu Incheon Metropolitan City - the area of 64,004 square meters: The project implementer for the project implementation of the defendant: The project implementation date of the project: January 25, 2011: Housing construction plan on the scale of housing: 8 Dong 1,133 households (7 Dong-dong 939 households, 194 households, 7 Dong-dong 939 households, 194 households), the defendant, from the members of the association from April 4, 201 to May 23, 2011, but the plaintiff did not apply for parcelling-out.

The defendant reported to the head of Gyeyang-gu, the head of Gyeyang-gu, on August 2, 201, the change of the Housing Redevelopment and Improvement Project Association on the purport that "30 members who did not apply for parcelling-out, including the plaintiff, among 807 members who owned land, etc. in this case, shall be 477 members."

On June 14, 2017, the Plaintiff filed an application with the Defendant for adjudication of expropriation in writing pursuant to Article 30(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) even after the lapse of 150 days from the expiration of the period for application for parcelling-out, and the said written application is around that time.

arrow