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(영문) 인천지방법원 2019.07.25 2018구합2784
수용재결처분취소등
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. The plaintiffs' claims except the plaintiff B are dismissed.

3...

Reasons

1. Details of adjudication on expropriation;

A. The rest of the plaintiffs except the plaintiff B (hereinafter "the plaintiffs") are owners of land or buildings, etc. located within the business area of A Housing Redevelopment Improvement Project (hereinafter "the instant project"), which is implemented in the area of 129,599m2 in Nam-gu Incheon Metropolitan City, Nam-gu AEwon, and the plaintiff B is a pastor who performs parliamentary activities within the instant business area.

The Intervenor joining the Defendant is the project executor of the instant project, who obtained authorization to establish the association from the head of Michuhol-gu Incheon Metropolitan City (hereinafter referred to as the "head of Michuhol-gu") on October 4, 2010.

B. The Plaintiffs became eligible for cash settlement because they did not apply for parcelling-out within the period of application for parcelling-out of the instant project.

The Intervenor joining the Defendant filed an application for adjudication on expropriation of the instant land, etc. with the Defendant on the ground that consultation with the Plaintiffs regarding cash settlement of the land, buildings, etc. owned by the Plaintiffs (hereinafter “instant land, etc.”) in the instant project zone was not constituted, but that such consultation was not constituted.

C. The Plaintiffs asserted that the consultation procedure on cash settlement had been carried out without establishing and operating the Compensation Council, and raised an objection against the motion for acceptance ruling by the Intervenor, and the Defendant accepted the Plaintiffs’ objection and rejected the motion for acceptance ruling by the Intervenor. D.

The Intervenor joining the Defendant requested the head of Michuhol-gu on March 8, 2018 to establish the Compensation Council, and the Compensation Council established by the head of Michuhol-gu Office was held on June 26, 2018.

Since then, the Defendant filed a petition with the Defendant for a ruling on expropriation of the instant land, etc. on September 19, 2018, on the ground that consultation with the Plaintiffs on cash settlement had not been reached, and the Defendant had the Defendant expropriate and transfer the instant land, etc. on September 19, 2018, with respect to the land, etc. owned by Plaintiff C, D, E, E, F, G, H, I, J, K, M, N, P, Q, Q, R, S, and the date of expropriation on November 13, 2018.

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