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(영문) 대전지방법원 2014.11.05 2010구합3574
수용재결취소 등
Text

1. Of the instant lawsuit, the part of Defendant Daejeon Metropolitan City Land Tribunal’s primary claim shall be dismissed.

2...

Reasons

Basic Facts

1) Defendant and Defendant Daejeon Metropolitan City Land Tribunal’s auxiliary Intervenor C Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Cooperative”)

On July 31, 2006, the head of the Daejeon Metropolitan City is the Housing Redevelopment and Improvement Project Association established with the approval of establishment from the head of the Gu among Daejeon Metropolitan City. 2) On December 28, 2006, pursuant to Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant Union was authorized to implement the housing redevelopment and improvement project (hereinafter “instant rearrangement project”) with respect to the expiration of 63,052m of the Jung-gu Seoul Metropolitan City, Daejeon Special Metropolitan City, by the head of the Gu. The head of the Daejeon Metropolitan City publicly notified it as T.

3) Plaintiffs A, B, and designated parties (hereinafter collectively referred to as “Plaintiffs and designated parties”).

(3) In the instant rearrangement zone, each real estate in the column for “real estate, etc. subject to accommodation” in the attached Table 3 list and obstacles thereto (hereinafter “real estate, etc. subject to accommodation of the instant case”).

(1) On September 4, 2008, the Defendant Association filed an application for adjudication with the Land Expropriation Committee of Daejeon Metropolitan City (hereinafter “Defendant Expropriation Committee”) on September 4, 2008. On November 28, 2008, the Defendant Expropriation Committee rendered a ruling of expropriation of real estate, etc. subject to expropriation on December 29, 2008, on which the date of expropriation was set as December 29, 2008.

(2) However, the Defendant Union failed to pay or deposit the compensation by the beginning date of the first expropriation ruling, and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Pursuant to Article 42(1), the first expropriation ruling became void on December 30, 2008.3) Meanwhile, Plaintiff A, Selection, D, E, F, U, P, V, H, and Stock Company.

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