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(영문) 울산지방법원 2020.01.09 2018구합7611
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a project implementer of the Ulsan-gun, Ulsan-gun, Inc. (hereinafter “Cri”) who develops 437,819 square meters of land in accordance with the Urban Development Act by replotting method.

The implementation period of the project in this case is set from the authorization date of the implementation plan to the scheduled date of the replotting disposition.

B. Since the project was commenced on May 29, 2008 by Ulsan Metropolitan City Mayor’s announcement of the designation and development plan of the B urban development zone (Ulsan Metropolitan City notification E), the project was modified several times, and the head of Ulsan Metropolitan City, Ulsan Metropolitan City finally announced the authorization of the implementation plan and the topographic map of the project of this case on January 28, 2016.

(F) Ulsan Metropolitan City public notice F; hereinafter referred to as “instant implementation plan authorization and topographic drawings”).

The Plaintiff is an owner of 16/21 of G 1,696 square meters in the instant project area, and H 1,319 square meters in total (hereinafter “instant land”). D.

On August 6, 2015, the Plaintiff asserted that the Plaintiff could not continue farming by arbitrarily removing each obstacles listed in the separate sheet No. 1, which are obstacles to the ground of the instant land (hereinafter “each obstacles of this case”), and that the Plaintiff and the Defendant did not enter into an agreement on compensation therefor between the Plaintiff and the Defendant. On August 6, 2018, the Plaintiff filed a claim with the competent Land Tribunal to file an application for adjudication pursuant to Article 22(1) and (2) of the Urban Development Act regarding each obstacles of this case, compensation for suspension of work, and compensation for farming, Article 30(1) of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), Article 14(1) of the Enforcement Decree of the same Act, Article 12 of the Enforcement Decree of the same Act, and Article 12

(hereinafter referred to as “instant application for adjudication”). E.

As to this, the defendant on August 20, 2018.

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