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(영문) 창원지방법원 2018.01.30 2017구합51806
토지수용재결처분취소 및 손실보상금증액 청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of ruling;

A. On December 26, 2013, the Mayor/Do Governor: (a) on the Dong-si, Dong-si, Dong-si designated the 208,700 square meters of land as a zone urban development zone; (b) on the part of the project implementer as a Tong-si urban development zone; and (c) formulated and publicly announced a development plan stating the details of land to be expropriated in the zone urban development project (hereinafter “instant project”).

(Notice E of Gyeongnam-do).

On October 1, 2015, Do Governors changed the area of the urban development zone from 208,700 square meters to 209,292 square meters with respect to the instant project on October 1, 2015, and approved and publicly notified the urban development zone (change), development plan (revision), and implementation plan.

(F) Gyeongnam-do Notice . (F)

On June 23, 2016, the Gyeong-nam Do governor revoked the designation of the implementer of the urban development project and the authorization of the implementation plan for the Si-young-si, in accordance with the common sense opinion that it is impossible to compensate persons affected by Hansen's disease due to their special environmental conditions, and the financial ability of the Si-young-si is weak.

(G) Gyeongnam-do Notice G.

On July 21, 2016, the Special Self-Governing Province Governor designated a project implementer as the condition that “An implementation plan should be applied for the designation of a zone urban development zone and the formulation of a development plan for the zone, publicly notified as a public announcement E ( December 26, 2013) of the Special Metropolitan City Development Co., Ltd. (hereinafter referred to as “undeveloped City Development”).”

E. On October 20, 2016, the Gyeongnam-do Governor: (a) revised the designation of an urban development zone (development plan) from December 26, 2013 to April 30, 2019; and (b) approved and publicly notified the implementation plan by designating an urban development zone (development plan).

(H) F. On August 8, 2016, the development of an undeveloped City applied for the adjudication of expropriation of the land listed in the attached Table 1 (hereinafter “each of the instant land”) owned by the Plaintiffs to the Regional Land Tribunal of Gyeongnam-do (hereinafter “Local Land Tribunal of Gyeongnam-do”), and on October 25, 2016, the Defendant Gyeongnam-do Land Tribunal rendered the adjudication of expropriation as follows.

(hereinafter “instant expropriation adjudication”) subject to expropriation: each of the instant lands 2).

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