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(영문) 부산고등법원 2016.01.22 2014누23468
토지수용이의재결처분
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The Mayor of Busan Metropolitan City (hereinafter referred to as the “former Public Works”) is the head of the Busan Metropolitan City as the O of May 15, 1989, for urban planning facilities (road: Category 3 N lines as of April 29, 1974) determined and publicly notified as the M/M published by Busan Metropolitan City (hereinafter referred to as the “O”) and the head of the Busan Metropolitan City as the project implementer, and the head of the Busan Metropolitan City as the project implementer, expanding the business section of the former C from 10-12 meters wide to 25 meters road (hereinafter referred to as the “previous Public Works”).

(2) On September 28, 1990, the Busan Metropolitan City published the Busan Metropolitan City Public Notice P of September 28, 1990, publicly announced partial modification of urban planning facilities (NN as in Chapter 3) and cadastral approval in order to comply with the planning line type, which is different from the planning line type and the road type constructed by the previous public works.

3) On April 1, 1991, the head of Busan Metropolitan City publicly announced an implementation plan for urban planning projects approved and publicly announced as PO ( May 15, 1989), the head of the Busan Metropolitan City publicly announced as PP on April 1, 1991, the head of the Busan Metropolitan City announced that the implementation plan for urban planning projects, the contents of which include partial change in the type of line, etc. due to the change in the scale of the urban planning project, has been amended and publicly announced. 4) The head of the Busan Metropolitan City publicly announced that the previous public projects have been completed by R of Busan Metropolitan City as of May 191.

B. 1) The Defendant is the part of the area of 400 square meters, incorporated into the previous public works among the area of 559 square meters located in Busan Shipping Daegu F. F.M. F. F. 59 square meters (hereinafter “the first incorporated part in the instant case”).

(2) On March 30, 1990, the Central Land Expropriation Committee filed an application for adjudication of expropriation with E as to the first incorporated portion of the instant case (367,500 won per square meter) and the date of expropriation as of April 30, 1990, while the Defendant filed an application for adjudication of expropriation with E as of April 30, 1990.

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