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(영문) 서울행정법원 2019.01.11 2018구합59670
수용재결취소등
Text

1. The plaintiffs' claims against the defendant local land tribunal in Seoul Special Metropolitan City are all dismissed.

2. Defendant C.

Reasons

1. Case history

A. Defendant C Housing Redevelopment Development and Improvement Project Association (hereinafter “Defendant Association”) is the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) for the purpose of implementing the Housing Redevelopment and Improvement Project (hereinafter “instant Project”) with the size of 66,062 square meters as the project area (hereinafter “instant project area”). The Plaintiffs owned one-half of each of the instant land and buildings.

B. The Plaintiffs owned 1/2 shares among the instant buildings located on Eunpyeong-gu Seoul Metropolitan Government E-type 136С (hereinafter “instant land before the instant partition”). As the instant part of the land before the instant partition was incorporated into the instant project zone, the land before the instant partition was divided into the land before the instant partition. The land before the instant partition was divided into the Eunpyeong-gu Seoul E-type 45С (hereinafter “instant remaining land”) and the instant land, respectively.

As the land of this case is incorporated into the business area of this case, the part above the land of this case among the buildings of this case was located within the business area of this case.

C. On August 2, 2012, the Defendant obtained approval from the head of Eunpyeong-gu for the project implementation plan for the instant project from the head of Eunpyeong-gu, and the head of Eunpyeong-gu publicly announced it as the F of Eunpyeong-gu Seoul Metropolitan Government Public Notice on the same day

After that, the plaintiffs became eligible for cash settlement because they did not apply for parcelling-out within the period of application for parcelling-out.

As the Defendant did not reach an agreement on compensation for the instant land and building between the Plaintiffs, the Defendant applied for a ruling of expropriation to the Seoul Special Metropolitan City Regional Land Expropriation Committee (hereinafter “Defendant Committee”), and the Defendant’s commission, on August 25, 2017, applied for compensation for losses to the Plaintiffs holding 1/2 shares of each of the instant land and buildings on August 25, 2017, respectively (=306,452,50 won (=301,131,150 won (= land compensation 228,246,200 won).

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